Questions about filling the Form I-864 (Affidavit of support)

[MorganC]

Hi everybody:

I am new here and I have a question about filling out the Form I-864 with the I-485. My wife is a citizen and a student who just started working. So that means she doesn't have tax return. However, according to the instruction of the I-864, she has to be the main sponsor. We do have my father in law as the joint sponsor and we all live in the same house now. So I am confused about two things:

1. Should her file the I-864 while her dad filling the I-864A or just herself and her dad filling the I-864 separately?

2. If she does file the I-864, how should we prepare her tax information on the form since she just started working?

Thank you guys very much for answering my questions.

Sincerely
Morgan C

[rayb]

Your wife completes an I-864 as the primary sponsor, showing income and tax filing information. If her information doesn't meet the sponsorship requirements, a co-sponsor also provides an I-864 with proof of income and tax filing, as well as proof of his U.S. citizenship or valid residency status.

--Ray B

Hi everybody:

I am new here and I have a question about filling out the Form I-864 with the I-485. My wife is a citizen and a student who just started working. So that means she doesn't have tax return. However, according to the instruction of the I-864, she has to be the main sponsor. We do have my father in law as the joint sponsor and we all live in the same house now. So I am confused about two things:

1. Should her file the I-864 while her dad filling the I-864A or just herself and her dad filling the I-864 separately?

2. If she does file the I-864, how should we prepare her tax information on the form since she just started working?

Thank you guys very much for answering my questions.

Sincerely
Morgan C

[MorganC]

Thank you Ray!!

Thank you for replying Ray. But my question is that my wife just started working, so what kind of tax information should her provide then?

Morgan

Your wife completes an I-864 as the primary sponsor, showing income and tax filing information. If her information doesn't meet the sponsorship requirements, a co-sponsor also provides an I-864 with proof of income and tax filing, as well as proof of his U.S. citizenship or valid residency status.

--Ray B

[rayb]

She has to report the last tax return gross income amount that she filed on page 6 of the I-864. If she has never filed a Federal income tax return, she leaves it blank and includes an attachment statement explaining why she has not filed income tax returns ("because she wasn't working and didn't earn any money").

But your wife does have to report her current employer and estimated annual income based on her current compensation agreement, on pages 4 and 5.

--Ray B

Thank you for replying Ray. But my question is that my wife just started working, so what kind of tax information should her provide then?

Morgan

[MorganC]

I appreciate your answer!!

Thanks again Ray:

So should I just write a letter of her income status with the I-864 that she files and ask my father-in-law to file another I-864? Or ask him to file the I-864A (Contract between sponsor and household member) since we live in the same house? Thats the second thing that confuses me the most... Thank you so much for the reply!!

Morgan C

She has to report the last tax return gross income amount that she filed on page 6 of the I-864. If she has never filed a Federal income tax return, she leaves it blank and includes an attachment statement explaining why she has not filed income tax returns ("because she wasn't working and didn't earn any money").

But your wife does have to report her current employer and estimated annual income based on her current compensation agreement, on pages 4 and 5.

--Ray B

[rayb]

Unless "combining income" is advantageous, it's better not to bother with an I-864A for a family member co-sponsor, but to get a full I-864 separate package from him.

If your wife has not filed income tax returns in the last three years, just draft a simple narrative attaching explaining why she hasn't filed income tax returns, for her to sign and date.

--Ray B

Thanks again Ray:

So should I just write a letter of her income status with the I-864 that she files and ask my father-in-law to file another I-864? Or ask him to file the I-864A (Contract between sponsor and household member) since we live in the same house? Thats the second thing that confuses me the most... Thank you so much for the reply!!

Morgan C

[MorganC]

That really helps!!!!

Hey Ray:

I can't thank you enough Ray. I will go ahead and get them ready.

Morgan C

Unless "combining income" is advantageous, it's better not to bother with an I-864A for a family member co-sponsor, but to get a full I-864 separate package from him.

If your wife has not filed income tax returns in the last three years, just draft a simple narrative attaching explaining why she hasn't filed income tax returns, for her to sign and date.

--Ray B

[rayb]

Unless "combining income" is advantageous, it's better not to bother with an I-864A for a family member co-sponsor, but to get a full I-864 separate package from him.

If your wife has not filed income tax returns in the last three years, just draft a simple narrative attaching explaining why she hasn't filed income tax returns, for her to sign and date.

--Ray B

Thanks again Ray:

So should I just write a letter of her income status with the I-864 that she files and ask my father-in-law to file another I-864? Or ask him to file the I-864A (Contract between sponsor and household member) since we live in the same house? Thats the second thing that confuses me the most... Thank you so much for the reply!!

Morgan C

[fred12]

I need some advise!

Greetings!

I have a question about income tax. I'm married 3 years ago. My wife is USA Citizen. My Waiver was approve already (601a). My wife always do her taxes as a Household Head. We never put that we are married since 2012 because we didn't know that we can do it. I don't have a social security and I'm not working for couple of years so I don't have to submit my taxes. Now I'll start the process in the affidavit and we want to know if that will affect us in this process. She do her taxes as a head of household and never put me with her, because we wasn't aware the we could do it, but now is too late. Please can someone answer me this important question?

[JFIN]

(i-130) - federal tax return when I have been living overseas all my life

Please help!

I am a US citizen from my father, I have never lived in the U.S and although I am taking steps to reestablish my domicile status, I have never filed a federal tax return. What do I do in this case as I see on the interview checklist this is important. Can I file one for the past year from now? What does this mean? Can anyone else please let me know if they have had this problem and what to do?

[rayb]

JFIN,

1. You must have proof of a U.S. domicile address or proof that you will be returning to a specific destination before or at same time as your beneficiary.
2. You will still be the primary sponsor, even without an income tax return, and must provide an I-864 package.
3. Without proof of U.S.-based income (or foreign income reported to IRS), you need a U.S.-based co-sponsor to provide his I-864 and supporting documents.

--Ray B

Please help!

I am a US citizen from my father, I have never lived in the U.S and although I am taking steps to reestablish my domicile status, I have never filed a federal tax return. What do I do in this case as I see on the interview checklist this is important. Can I file one for the past year from now? What does this mean? Can anyone else please let me know if they have had this problem and what to do?