Question filling out I-864

[kg8183 1]

Hello everyone

I am filling out form I-864 (related to I-130 petition for my husband) and have some questions and hopefully you can help me out.

Question 21 (household number) - should I just put "0" for question 21C (even though I am married) so that the total household size is not overstates by double counting my husband? I hope they will change this obvious design flaw.

Question 23 (current individual income) - should I put my annual income from 2011 or 2012 (fyi, it asks for current individual annual income)? Depending on which year's annual income one puts, wouldn't one use that year's HHS Poverty Guidelines to assess whether the income is above or below the level for a given household size?

Question 25 (tax return info) - I plan to submit Tax return transcripts from the past 3 years, should I check both check boxes?

Questions 9, 24b - these are empty, so I will put "none". is that fine?

Question 8 - since I am only sponsoring my husband, I would just check the 1st check box and the check box next to "Yes", correct?

Thank you

[LeftCoastLady 441]

You may want to request to have your post moved to the IR-1/CR-1 forum.

[kg8183 1]

You may want to request to have your post moved to the IR-1/CR-1 forum.

Oops, I didn't even realize that I posted it in the K-1 section. Administrator, could you please move my post to the appropriate section?

thank you

[Ryan H 3,812]

Moved from K1 Process & Procedures to IR-1/CR-1 Process & Procedures.

**Organizer hat off**

Question 21 (household number) - should I just put "0" for question 21C (even though I am married) so that the total household size is not overstates by double counting my husband? I hope they will change this obvious design flaw.

Your husband has already been counted, you would not count him twice so the correct entry for 21C is 0. The I-864 is used in multiple sponsorship instances, not just the sponsoring of a foreign spouse. 21C is appropriate in instances when the sponsor is sponsoring someone other than a spouse.

[kg8183 1]

Moved from K1 Process & Procedures to IR-1/CR-1 Process & Procedures.

**Organizer hat off**

Your husband has already been counted, you would not count him twice so the correct entry for 21C is 0. The I-864 is used in multiple sponsorship instances, not just the sponsoring of a foreign spouse. 21C is appropriate in instances when the sponsor is sponsoring someone other than a spouse.

Thank you for moving the post and your answer.

[KayDeeCee 4,893]

Hello everyone

I am filling out form I-864 (related to I-130 petition for my husband) and have some questions and hopefully you can help me out.

Question 21 (household number) - should I just put "0" for question 21C (even though I am married) so that the total household size is not overstates by double counting my husband? I hope they will change this obvious design flaw.

Question 23 (current individual income) - should I put my annual income from 2011 or 2012 (fyi, it asks for current individual annual income)? Depending on which year's annual income one puts, wouldn't one use that year's HHS Poverty Guidelines to assess whether the income is above or below the level for a given household size?

Question 25 (tax return info) - I plan to submit Tax return transcripts from the past 3 years, should I check both check boxes?

Questions 9, 24b - these are empty, so I will put "none". is that fine?

Question 8 - since I am only sponsoring my husband, I would just check the 1st check box and the check box next to "Yes", correct?

Thank you

Question 21: Already answered but yes, you put 0 there because your husband was already counted.

Question 23: Unless you are self-employed, put your 2012 current annual gross income. Back up your income with a letter from your employer and a few months worth of recent pay stubs.

Question 25: I checked both boxes when I filed mine and had no issues, but I have recently been corrected and learned that you should only check the second optional box if you are sending all 3 years of taxes.

Questions 9, 24b: Yes, None is correct, just like in the example: http://www.visajourney.com/examples/INS-Form-I-864.pdf

Question 8: Correct. Check the box and mark Yes.

[pushbrk 12,897]

Question 21: Already answered but yes, you put 0 there because your husband was already counted.

Question 23: Unless you are self-employed, put your 2012 current annual gross income. Back up your income with a letter from your employer and a few months worth of recent pay stubs.

Question 25: I checked both boxes when I filed mine and had no issues, but I have recently been corrected and learned that you should only check the second optional box if you are sending all 3 years of taxes.

Questions 9, 24b: Yes, None is correct, just like in the example: http://www.visajourn...-Form-I-864.pdf

Question 8: Correct. Check the box and mark Yes.

Your answer for 23 is wrong. There are no "current year" questions on the affidavit. Current means current. For some, this is as simple as stating their "current" salary. If they work the whole year at the same salary and have no other income, the answer will be the SAME as their total income ends up to be for 2012 but that's not the point. Here are examples of why this is important.

If you didn't work January through April but started a new job at $60,000 annual salary on May 1, your "current income" is $60,000 even though your 2012 income is likely to be only $40,000. If you made $50,000 already in 2012 but lost your job June 1, your current income is zero. Current is not the same as current year.

For normal pay stubs that show year to date income, ONE pay stub is sufficient to document current income. For hourly employees working 40 hours, just state your current income as your gross hourly times 2080. (40 hours X 52 weeks = 2080 hours.)

While checking both boxes when sending three tax returns will not cause a problem, the proper procedure is to check only the one box that correctly answers the question. You are sending ONLY one or you are sending three.

Edited June 3, 2012 by pushbrk

[KayDeeCee 4,893]

Your answer for 23 is wrong. There are no "current year" questions on the affidavit. Current means current. For some, this is as simple as stating their "current" salary. If they work the whole year at the same salary and have no other income, the answer will be the SAME as their total income ends up to be for 2012 but that's not the point. Here are examples of why this is important.

If you didn't work January through April but started a new job at $60,000 annual salary on May 1, your "current income" is $60,000 even though your 2012 income is likely to be only $40,000. If you made $50,000 already in 2012 but lost your job June 1, your current income is zero. Current is not the same as current year.

For normal pay stubs that show year to date income, ONE pay stub is sufficient to document current income. For hourly employees working 40 hours, just state your current income as your gross hourly times 2080. (40 hours X 52 weeks = 2080 hours.)

While checking both boxes when sending three tax returns will not cause a problem, the proper procedure is to check only the one box that correctly answers the question. You are sending ONLY one or you are sending three.

I always trust what you say, but #23 does in fact read, "My current individual annual income is:" The instructions state to list your annual income and that you may include evidence supporting your claim about your expected income for the current year. This is why I answer as I do. Yes, people should multiply their hourly rates to determine how much they make annually. If they have a set salary, then they should list what their current 2012 annual salary is. I told them for #23 to list their 2012 current annual gross income(unless self-employed). I do not believe I answered incorrectly.

[pushbrk 12,897]

I always trust what you say, but #23 does in fact read, "My current individual annual income is:" The instructions state to list your annual income and that you may include evidence supporting your claim about your expected income for the current year. This is why I answer as I do. Yes, people should multiply their hourly rates to determine how much they make annually. If they have a set salary, then they should list what their current 2012 annual salary is. I told them for #23 to list their 2012 current annual gross income(unless self-employed). I do not believe I answered incorrectly.

Annual does not mean calendar year. It means for a 12 month period. If you made no money from January through November but December 1, started a new job with a $10,000 a month salary, (12k a year) would you state your current income as $10,000 or $120,000. I assure you, the correct answer is $120,000. What about if you get your first job ever, October 1, at a salary of $5,000 a month. Are you going to state your current income as $15,000 and not qualify, or are you going to state your current income as $60,000 like it really is?

In either situation, if you are asked two weeks into your job, "How much do you make annually?" what is your answer going to be? Convinced yet?

On the other side, reverse the scenarios. You lost your 120k or 60k job on those dates. How will you answer the same question? I assure you, that the day you have zero income, your current annual income is zero, no matter what you made already in the same calendar year.

Edited June 3, 2012 by pushbrk

[KayDeeCee 4,893]

Annual does not mean calendar year. It means for a 12 month period. If you made no money from January through November but December 1, started a new job with a $10,000 a month salary, (12k a year) would you state your current income as $10,000 or $120,000. I assure you, the correct answer is $120,000. What about if you get your first job ever, October 1, at a salary of $5,000 a month. Are you going to state your current income as $15,000 and not qualify, or are you going to state your current income as $60,000 like it really is?

In either situation, if you are asked two weeks into your job, "How much do you make annually?" what is your answer going to be? Convinced yet?

On the other side, reverse the scenarios. You lost your 120k or 60k job on those dates. How will you answer the same question? I assure you, that the day you have zero income, your current annual income is zero, no matter what you made already in the same calendar year.

I agree with everything you just said, and agreed with that is how it goes even before I answered this question. I never told the OP to list what he made so far this year. I told him to list his 2012 current annual gross income. I did not go into the details of how to calculate it, as you did, but I believe we are on the same page already.

[pushbrk 12,897]

I agree with everything you just said, and agreed with that is how it goes even before I answered this question. I never told the OP to list what he made so far this year. I told him to list his 2012 current annual gross income. I did not go into the details of how to calculate it, as you did, but I believe we are on the same page already.

The part that isn't on the same page is the use of 2012 in your description. Current annual income stated today will include some of 2012 and some of 2013. "2012 current annual gross income" is a phrase that, in actuality is has no discernible meaning, but would generally be interpreted to mean what you are going to earn in 2012. What you are going to earn in 2012 would only be your current income if you work from 1/1/2012 to 6/3/2013, at the exact same rate of pay you are earning now.

[KayDeeCee 4,893]

The part that isn't on the same page is the use of 2012 in your description. Current annual income stated today will include some of 2012 and some of 2013. "2012 current annual gross income" is a phrase that, in actuality is has no discernible meaning, but would generally be interpreted to mean what you are going to earn in 2012. What you are going to earn in 2012 would only be your current income if you work from 1/1/2012 to 6/3/2013, at the exact same rate of pay you are earning now.

Okay, I will leave the current year out of any future answers for that question and add on the details of how to calculate your current income. They asked if they use their income from 2011 or 2012, so I guess that is why I put the 2012 in there. My answer was a bit vague. At least they certainly know the answer now.

[pushbrk 12,897]

Okay, I will leave the current year out of any future answers for that question and add on the details of how to calculate your current income. They asked if they use their income from 2011 or 2012, so I guess that is why I put the 2012 in there. My answer was a bit vague. At least they certainly know the answer now.

The answer is neither 2011 or 2012 for an employed person. Current income is current income. Now you get it.

[kg8183 1]

Okay, I will leave the current year out of any future answers for that question and add on the details of how to calculate your current income. They asked if they use their income from 2011 or 2012, so I guess that is why I put the 2012 in there. My answer was a bit vague. At least they certainly know the answer now.

thank you very much for your input

[kg8183 1]

The answer is neither 2011 or 2012 for an employed person. Current income is current income. Now you get it.

Thank you for your replies.

Since I am an hourly employee, I will convert my wages into annual terms, which will be over the 2012 HHS Poverty Guideline for the size of the household.

There possibly is one ISSUE, which worries me. I will be taking a 1.5 month non-payed holiday to visit my husband (while the petition is pending) and by the time I return, it will still be short of four months since NOA1. I will be asking my employer to give me a letter stating my hourly wages, hours, etc. I will also submit pay stubs for the previous 6 months (from the day I submit I-864). Now, that 1.5 non-paying vacation is likely going to be in that 6-month period, and if they subtract the 1.5 month's worth of wages that I will have forgone by taking the trip, there will be a chance that I will be below the 2012 HHS guideline. When they will see the non-earning period of 1.5 months (no pay stubs), will they subtract that from annual income?

Thank you

Edited June 4, 2012 by kg8183