i864 or i864a for my spouse

[markusfnx 0]

Hello all,

I'm still scratching my head trying to find out which form to use. I am the petitioner for my mother applying for her AOS, so I am filling out form i864. My past income showing on my irs transcripts doesn't meet the requirements, so my wife will have to be a joint sponsor. My question is since she will be the only qualifying sponsor, does she need to file form i864 or i864a? We file our taxes jointly if that makes a difference.

[Lil bear 4,230]

3 minutes ago, markusfnx said:

Hello all,

I'm still scratching my head trying to find out which form to use. I am the petitioner for my mother applying for her AOS, so I am filling out form i864. My past income showing on my irs transcripts doesn't meet the requirements, so my wife will have to be a joint sponsor. My question is since she will be the only qualifying sponsor, does she need to file form i864 or i864a? We file our taxes jointly if that makes a difference.

You name her on your I 864 as household member and she completes the I 864a as the joint sponsor. As the petitioner, you will always be the primary sponsor even if you need a joint sponsor

 

But don't forget that it is your current income .. as demonstrated by recent payslips .. which is needed to meet the income level .. not past income as demonstrated by your tax returns. Is your present income high enough ? 

Edited June 9, 2022 by Lil bear

[Chancy 6,241]

5 minutes ago, markusfnx said:

My question is since she will be the only qualifying sponsor, does she need to file form i864 or i864a? We file our taxes jointly if that makes a difference.

 

Submit I-864 from you, and I-864A from your wife.  On the I-864A, you sign as the sponsor and your wife signs as the household member.

 

[markusfnx 0]

On 6/8/2022 at 5:58 PM, Lil bear said:

But don't forget that it is your current income .. as demonstrated by recent payslips .. which is needed to meet the income level .. not past income as demonstrated by your tax returns. Is your present income high enough ? 

I currently have zero income (as of a month ago) as I am in the process of starting my own business. My wife's current income is over 125% of the poverty level for a household of 3, but I was thinking about including my past pay stubs as well showing that I was also above the 125% at my last job. Should I?

 

Thanks guys.

Edited June 16, 2022 by markusfnx
typo

[Lil bear 4,230]

4 minutes ago, markusfnx said:

I currently have zero income (as of a month ago) as I am in the process of starting my own business. My wife's current income is over 125% of the poverty level for a household of 3, but I was thinking about including my past pay stubs as well showing that I was also above the 125% at my last job. Should I?

 

Also I typed 0 for my current individual income. But the next bit on form i864 is a bit confusing : Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income

Does that mean I should I include my wife's income in my individual annual income? Or leave it at 0 and put my wife's income only in the next item?

 

Thanks guys.

You are the primary sponsor .. put 0 in for your current income but then add  your wife as household member on your I 864. She will then fill in an I 864a 

Your previous income wont count if you are now starting your own business. 

[markusfnx 0]

1 minute ago, Lil bear said:

You are the primary sponsor .. put 0 in for your current income but then add  your wife as household member on your I 864. She will then fill in an I 864a 

Your previous income wont count if you are now starting your own business. 

I realized how stupid that question was and edited my post, but thanks lol! So there's no point in showing my last paystubs and writing a letter explaining why my current income is 0?

[Lil bear 4,230]

14 minutes ago, markusfnx said:

I realized how stupid that question was and edited my post, but thanks lol! So there's no point in showing my last paystubs and writing a letter explaining why my current income is 0?

No point at all. You can meet the requirements  by combining your wife's income using the appropriate section on your I 864 and her 864a