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Posted (edited)

Hi all, I'm a DACA recipient and visa overstay filing a concurrent I-130 and I-485 based on my recent marriage to my U.S. Citizen spouse. When filling out the household income and assets in Item Numbers 57.-66 in Part 9 of the I-485, we include both mine and my spouse's income and assets. We both work, live together (just us two), and have no dependents.

 

However, when filling out I-864, we're confused about whether or not to include my name and income in Item Number 8 in Part 6 ("Sponsor's Employment and Income"). My spouse/sponsor makes sufficient income on their own to meet the poverty guidelines to sponsor me. They also have only filed taxes individually because we just got married. However, the household income we selected on I-485 is significantly higher than her individual income because it includes my own. We're worried this discrepancy in household income between the two forms may look odd to the adjudicating officer.

 

Should we only include my spouse's income in I-864? Or should we include mine as well (and the requisite tax transcripts, employment letter, etc.)?

 

Thanks!

 

Edited by somosun
Grammar
Posted
1 minute ago, somosun said:

Hi all, I'm a DACA recipient and visa overstay filing a concurrent I-130 and I-485 based on my recent marriage to my U.S. Citizen spouse. When filling out the household income and assets in Item Numbers 57.-66 in Part 9 of the I-485, we include both mine and my spouse's income and assets. We both work, live together (just us two), and have no dependents.

 

However, when filling out I-864, we're confused about whether or not to include my name and income in Item Number 8 in Part 6 ("Sponsor's Employment and Income"). My spouse/sponsor makes sufficient income on their own to meet the poverty guidelines to sponsor me. They also have only filed taxes individually because we just got married. However, the household income we selected on I-485 is significantly higher than her own individual income because it includes my own. We're worried this discrepancy in household income between the two forms may look odd to the adjudicating officer.

 

Should we only include my spouse's income in I-864? Or should we include mine as well (and the requisite tax transcripts, employment letter, etc.)?

 

Thanks!

 

If her own income is way above required minimum, say 50k+, her income alone is sufficient.

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Since you are now married and will presumably file taxes jointly for the 2024 tax year (I am assuming you married in 2024) maybe it would be best for you to submit an I864A as a household member and let your USC spouse fill out her I864 using her own income.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

 
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