Form I-864 Affidavit of Support

[Love1227 3]

Hi for my spouse I-130 petition I will be using my dads as a joint sponsor and per his income he also has 5 dependents so I guess my husband will be the 6th, according to the US poverty by 125% the income has to be $46,487 according to the march 2022 guidelines, my dads income for most recent tax return was well over $46k, but the 2 previous years before that it was under $46k. since they require to send the last 3 tax transcripts, will this be an issue? 

[US/EU_in_Czech 6]

Only the most recent year's tax transcript is required. The other two are optional.

[Crazy Cat 41,811]

1 hour ago, Love1227 said:

Hi for my spouse I-130 petition I will be using my dads as a joint sponsor and per his income he also has 5 dependents so I guess my husband will be the 6th, according to the US poverty by 125% the income has to be $46,487 according to the march 2022 guidelines, my dads income for most recent tax return was well over $46k, but the 2 previous years before that it was under $46k. since they require to send the last 3 tax transcripts, will this be an issue? 

CURRENT annual income is king....not what was earned in previous years, unless he is self-employed.

[pushbrk 12,870]

12 hours ago, US/EU_in_Czech said:

Only the most recent year's tax transcript is required. The other two are optional.

While that is correct, the information from all three years must still be entered in the tax section of the affidavit.  Note also that current income (for an employed person) does NOT come from a tax return.  It's the gross for a pay period times the number of pay periods in a full year.

 

[Love1227 3]

okay thank you, since my income is $0 since i'm a student and haven't filled taxes in the past 3 years either and basically have nothing, do I need to fill out the I-864 form as well?  I saw a YouTube video where the girl said the petitioner has to also fill out a form along with the joint sponsor so total of tow I-864 forms get submitted, is that true? 

[Love1227 3]

12 hours ago, pushbrk said:

While that is correct, the information from all three years must still be entered in the tax section of the affidavit.  Note also that current income (for an employed person) does NOT come from a tax return.  It's the gross for a pay period times the number of pay periods in a full year.

 

Thank you for clarifying, so for the gross pay period for the full year i could use that information from the 1099 I received this year 2022 even tho i haven’t filled the taxes yet for 2022? 

[pushbrk 12,870]

8 hours ago, Love1227 said:

Thank you for clarifying, so for the gross pay period for the full year i could use that information from the 1099 I received this year 2022 even tho i haven’t filled the taxes yet for 2022? 

Absolutely not.  An employed person gets a pay stub.  If you got a 1099 instead of a W2, you are self employed, and your current income DOES come from the total income line of your most recently filed tax return.  File the tax return.

 

If you really ARE "employed" instead of self employed, then please clarify.

[Love1227 3]

7 minutes ago, pushbrk said:

Absolutely not.  An employed person gets a pay stub.  If you got a 1099 instead of a W2, you are self employed, and your current income DOES come from the total income line of your most recently filed tax return.  File the tax return.

 

If you really ARE "employed" instead of self employed, then please clarify.

Okay thank you for clarifying, I am unemployed and using my dad who is self employed, since we live together, should my dad file I-846A and attach with my I-184 

 

or have him be the joint sponsor and fill out two I-184 forms one from me and one from my dad? please help im a bit confused 

[pushbrk 12,870]

3 minutes ago, Love1227 said:

Okay thank you for clarifying, I am unemployed and using my dad who is self employed, since we live together, should my dad file I-846A and attach with my I-184 

 

or have him be the joint sponsor and fill out two I-184 forms one from me and one from my dad? please help im a bit confused 

Dad would be the joint sponsor, as you do not have any income to combine with him.  Time to become an A Student of those I-864 instructions.  If Dad is married, his wife should provide an I-864a even if she has no income.