Hi everyone,
For a bit of background, I am a DACA recipient who recently married a USC and we’re currently preparing my AOS package. I came here legally on a B2 visa but overstayed.
Our application has seemed quite straightforward with the unfortunate exception of the I-864 (😖). My USC spouse has been unemployed the past three years due to medical reasons and has received 0 income. Thus, I am including my income in the I-864. It is my understanding that I would not fill out the I-864A as I do not have any dependents.
As I’m the intending immigrant and using my income entirely, I’m required to provide evidence that my income will continue after immigrating to the US. As I already live in the US, I am attaching a letter from HR which states my current salary, start date, and statement confirming that they will continue to employ me after adjusting status. With this, I’m including my tax transcripts for 2021 and 2022 (we are filing jointly for 2023 so already including this), paystubs for past six months, and copies of my EADs showing that this income was earned legally.
So my questions are:
1) Does anyone else have experience using the intending immigrant’s income to satisfy the I-864 requirement?
2) My spouse did not file taxes for 2021 and 2022, so those two entries in 24.b and 24.c, respectively, are “N/A”. We’re attaching a statement clarifying that he was unemployed and received no income, thus he did not file those years. But for Part 6 Question 25, does the statement: “I was not required to file a Federal Income Tax return…” apply to ANY of the three most recent tax years, or just if there are NO tax returns to provide at all? It’s confusing since my petitioner already checked the box for 23.a. stating that he did not file for each of the three most recent years.
Any advice is greatly appreciated.