Questions regarding I864

[dennis the menace 0]

Thank you in advance for your input. I am the sponsor for my spouse and recently had my I130 approved. I'm currently working on the I864 and have realized I have some questions.

 

Here's my situation:

 

I was in school during tax years 2020 and 2021 and only started working from 07/2022. Therefore, I didn’t file taxes for 2020 and 2021. For tax year 2022, since I only worked for less than 6 months, my income was $18,000, which was below 125% of the poverty level. I also worked in the same job for 2023, and my income was $40,000, but I haven’t filed my tax return yet. Additionally, I have around $37,000 in my checking account and certificate.

 

I have several questions:

 

1. Should I submit the I864 after my tax return is completed for tax year 2023 so that my income would meet the requirement of AOS? Or should I go ahead and submit the I864 using my tax return for 2022 and my assets (more than 5 times the difference)?

2. What evidence do I need to support that I didn’t have to file a tax return for 2021 and 2022? Would my university transcript be enough?

3. What financial documents do I need to submit? I have bank statements, tax return 2022, W2 for 2022 and 2023, pay stubs, and proof of employment from my employer.

 

Thank you again for your help.

 

[pushbrk 12,893]

2 hours ago, dennis the menace said:

Thank you in advance for your input. I am the sponsor for my spouse and recently had my I130 approved. I'm currently working on the I864 and have realized I have some questions.

 

Here's my situation:

 

I was in school during tax years 2020 and 2021 and only started working from 07/2022. Therefore, I didn’t file taxes for 2020 and 2021. For tax year 2022, since I only worked for less than 6 months, my income was $18,000, which was below 125% of the poverty level. I also worked in the same job for 2023, and my income was $40,000, but I haven’t filed my tax return yet. Additionally, I have around $37,000 in my checking account and certificate.

 

I have several questions:

 

1. Should I submit the I864 after my tax return is completed for tax year 2023 so that my income would meet the requirement of AOS? Or should I go ahead and submit the I864 using my tax return for 2022 and my assets (more than 5 times the difference)?

2. What evidence do I need to support that I didn’t have to file a tax return for 2021 and 2022? Would my university transcript be enough?

3. What financial documents do I need to submit? I have bank statements, tax return 2022, W2 for 2022 and 2023, pay stubs, and proof of employment from my employer.

 

Thank you again for your help.

 

The year you sponsor an immigrating spouse is not the year to delay filing a tax return. File it NOW, before completing the I-864.

 

Just check the box and hand write "income under threshold for 2021

 

You don't need your assets, so just leave them out.  Your current income is documented by ONE current pay stub.  Calculate your "current income" NOT from the 2023 tax return, but by taking your gross for one pay period times the number of pay periods in a full year.  Remember every two weeks is 26, not 24 pay periods.