i864 petitioner income question

[tophy123 2]

Hello!

I am a USC petitioning for my Canadian spouse and I am currently filling form i864.

My income in 2022 and 2021 was above the required federal poverty guideline however in 2020 it was just $2000 under. Do we require a joint sponsor to make up for the 2020 income level?

Secondly, my spouse has had consistent above level income in Canada for a good number of years, can we use his income as proof instead of a third person to sponsor? Of note we intend for him to find another job when he's in the US so current income won't continue beyond his move...

I would prefer to avoid both as it means getting more papers together, and thought that since my current income is sufficient as a sponsor we don't need to specify his.. but if doing so risks an rfe scenario, we might as well avoid that and save time ... Please advise!

Edited January 1 by tophy123

[IWander 589]

30 minutes ago, tophy123 said:

Hello!

I am a USC petitioning for my Canadian spouse and I am currently filling form i864.

My income in 2022 and 2021 was above the required federal poverty guideline however in 2020 it was just $2000 under. Do we require a joint sponsor to make up for the 2020 income level?

Secondly, my spouse has had consistent above level income in Canada for a good number of years, can we use his income as proof instead of a third person to sponsor? Of note we intend for him to find another job when he's in the US so current income won't continue beyond his move...

I would prefer to avoid both as it means getting more papers together, and thought that since my current income is sufficient as a sponsor we don't need to specify his.. but if doing so risks an rfe scenario, we might as well avoid that and save time ... Please advise!

Why are you submitting 3 years?  Only one year is needed and the other years are optional 

[tophy123 2]

4 minutes ago, IWander said:

Why are you submitting 3 years?  Only one year is needed and the other years are optional 

Yes but Questions 24 a/b/c in Part 6 of the form ask to declare total income for the most recent 3 tax years so we would have to disclose 2020's figure in any case..

[IWander 589]

21 minutes ago, tophy123 said:

Yes but Questions 24 a/b/c in Part 6 of the form ask to declare total income for the most recent 3 tax years so we would have to disclose 2020's figure in any case..

Current income is what is key.  If you are in excess of that currently then don't worry 

 

Since the Canadian income will not continue it cannot be used for affidavit purposes 

[pushbrk 12,876]

4 hours ago, IWander said:

Current income is what is key.  If you are in excess of that currently then don't worry 

 

Since the Canadian income will not continue it cannot be used for affidavit purposes 

This is the correct advice, but never forget that although only the latest tax return is required to be submitted, information from three years must be supplied.  

 

Many incorrectly assume that they must have three years of qualifying income.  That is usually true in Mumbai, but not other places.

 

Further, for an employed person, "current income" does NOT come from a tax return.  Take your gross, for a full pay period (Use a pay stub.) times the number of pay periods in a full year.  That's your current income.  1k a week is 52k a year.  Simple stuff.

[tophy123 2]

18 hours ago, pushbrk said:

This is the correct advice, but never forget that although only the latest tax return is required to be submitted, information from three years must be supplied.  

 

Many incorrectly assume that they must have three years of qualifying income.  That is usually true in Mumbai, but not other places.

 

Further, for an employed person, "current income" does NOT come from a tax return.  Take your gross, for a full pay period (Use a pay stub.) times the number of pay periods in a full year.  That's your current income.  1k a week is 52k a year.  Simple stuff.

 

Thank you both for the input! Much appreciated.