Clarification on I-864 Transcripts and docs to be included

[RipeAvocado 3]

Following up on the below quote, based on the last sentence of the quoted instructions, since I filed jointly with my wife in 2021, 2020 & individually in 2019 (since we werent married yet) I will be including Return Transcripts with W2s & 1099s for us both & for all of the 3 years. Am I interpreting this correctly? Can someone please clarify as the instructions wording is rather confusing.

I'm the beneficiary in this case.

 

Edited April 7, 2022 by RipeAvocado

[Chancy 6,241]

3 hours ago, RipeAvocado said:

since I filed jointly with my wife in 2021, 2020 & individually in 2019

 

Is your wife's income alone, well above the minimum requirement for sponsorship?

Do you have a formal offer from your current company to continue your legal employment with them after you get your green card?  That is, your employment contract does not end when your TN status ends?

 

Edited April 7, 2022 by Chancy
typo

[RipeAvocado 3]

1 minute ago, Chancy said:

 

Is your wife's income alone well above the minimum requirement for sponsorship?

Do you have a formal offer from your current company to continue your legal employment with them after you get your green card?  That is, your employment contract does not end when your TN status ends?

 

Yes, her income alone is well above the 125%. Yes, my employment contract has been extended in Oct, 2021 for another 2 years and I can extend it further if needed. So, no, the contract does not end when my TN expires (Oct, 2022)

[Chancy 6,241]

11 minutes ago, RipeAvocado said:

Yes, her income alone is well above the 125%. Yes, my employment contract has been extended in Oct, 2021 for another 2 years and I can extend it further if needed. So, no, the contract does not end when my TN expires (Oct, 2022)

 

Then you have options --

1. Use only your wife's income for the I-864.  More common approach.
2. Combine your income with your wife's income.  Kitchen-sink approach -- need to submit evidence that you are authorized to work and that your income will continue from the same source after getting your GC.

The documents you need to submit with your I-864 will depend on the approach you choose.

 

Edited April 7, 2022 by Chancy
removed speculative note

[RipeAvocado 3]

12 minutes ago, Chancy said:

 

Then you have options --

1. Use only your wife's income for the I-864.  More common approach.
2. Combine your income with your wife's income.  Kitchen-sink approach -- need to submit evidence that you are authorized to work and that your income will continue from the same source after getting your GC.

The documents you need to submit with your I-864 will depend on the approach you choose.

 

I have filled out I-864EZ and so far have gathered the following:

1. 2021 jointly filed Return Transcript + 1040s + Schedules + W2s
2. 2020 jointly filed Return Transcript + 1040s + Schedules + 1099 (wife's) + W2s
3. 2019 individual Return Transcript (myself) + 2019 individual Return Transcript (wife's) + 1040s + Schedules + W2s
4. 6 months pay stubs for us both
5. My TN status stamp
6. My I-94 Dep/Arr
7. Passport (wife's)
8. Birth Certificate (wife's)
9. 2 Photographs

[Chancy 6,241]

3 minutes ago, RipeAvocado said:

I have filled out I-864EZ

 

If you are the beneficiary, you are not supposed to fill out an I-864.  Your sponsor should be the signatory.  Also, if you decide on option #2 from my list above, your sponsor should not use form I-864EZ.  You need to decide first which approach to use.  Like I said, the documents you need to submit with your I-864 will depend on the approach you choose.

 

[RipeAvocado 3]

4 hours ago, Chancy said:

 

If you are the beneficiary, you are not supposed to fill out an I-864.  Your sponsor should be the signatory.

 

I'm the beneficiary, the signatory is my wife. I simply did the labor and fillled out the paperwork LOL

 

Quote

Also, if you decide on option #2 from my list above, your sponsor should not use form I-864EZ.

 

All of the conditions below mentioned in the I-864EZ Instruction PDF appllies to our case:

 

 

In addition, on the form itself for questions Part 1,1a-1c ALL cases apply to us as well. Individual income documented in Part 5,4 will be backed up by providing her W2

 

I'd like to know yor thoughts on the above if possible. Thank you.

[Chancy 6,241]

8 hours ago, RipeAvocado said:

All of the conditions below mentioned in the I-864EZ Instruction PDF appllies to our case:

 

If you prefer I-864EZ, then you cannot combine your income with your wife's income in the form.  Refer to condition #3 for using I-864EZ.  That means no mention of your income or W2/1099, only hers.

 

If you want to combine your incomes for the affidavit, you must use form I-864 instead.

 

[RipeAvocado 3]

1 hour ago, Chancy said:

 

If you prefer I-864EZ, then you cannot combine your income with your wife's income in the form.  Refer to condition #3 for using I-864EZ.  That means no mention of your income or W2/1099, only hers.

 

If you want to combine your incomes for the affidavit, you must use form I-864 instead.

 

Thats right. We will be providing only her income. We just filed jointly and since transcripts will show combined income, we will be including her W2s. I guess this is even better because even less paperwork needs to be sent.