I-864 help!

[skarma]

I (beneficiary) and my wife (petitioner) filed joint tax for year 2013 and 2014. September 2012 was the year she arrived in the US and didn't work for the rest of 2012. That is why she did not file her tax in 2012. However I did file tax return on 2012.

1) Should I put my tax return on 2012 and our joint tax return on 2013 and 2014 ? or leave 2012 blank and explain in a letter why my wife didn't file 2012 tax return ?

2) 2013 our joint tax return was below poverty line does this matter? From what I have learnt, last year (2014 for which our joint income is over poverty line) is the one that is compared with the poverty line right?

3) We misplaced 2013 W2s. I can't seem to find them. Do we need to send Ws from year prior to last year?

In 2014 our joint income was over the poverty line but since she started her job mid 2014, the tax return only showed 6 months worth of income. For example, our joint income was $ 30,000 but the actual joint income if she worked full year comes out to be $ 45,000 (she also got raise 4 months ago).

4) Now, in part 6 #13, should I write $ 30,000 or $45,000? If I write 30,000, the pay stubs and employer letter comes out to be more than that. And if I put $45,000 (amount we actually make that I can prove with pay stubs and employment letter), IRS transcript shows income of $30,000. What should I do guys?

[rayb]

Skarma,

Were you legally eligible to work in 2014 and currently?

If so, there are four areas where varying income amounts are reported. On the I-864, income is shown in earlier part of the form for your wife, then you, then combined. For the Income tax section, just report 2014, line 22 from the tax return or transaript (total income).

For the I-864A, you will report your income, but the tax return income is the same as you just reported on the I-864, line 22, total income (unless you used 1040-EZ, then you use "Adjusted Gross Income").

-Ray B

I (beneficiary) and my wife (petitioner) filed joint tax for year 2013 and 2014. September 2012 was the year she arrived in the US and didn't work for the rest of 2012. That is why she did not file her tax in 2012. However I did file tax return on 2012.

1) Should I put my tax return on 2012 and our joint tax return on 2013 and 2014 ? or leave 2012 blank and explain in a letter why my wife didn't file 2012 tax return ?

2) 2013 our joint tax return was below poverty line does this matter? From what I have learnt, last year (2014 for which our joint income is over poverty line) is the one that is compared with the poverty line right?

3) We misplaced 2013 W2s. I can't seem to find them. Do we need to send Ws from year prior to last year?

In 2014 our joint income was over the poverty line but since she started her job mid 2014, the tax return only showed 6 months worth of income. For example, our joint income was $ 30,000 but the actual joint income if she worked full year comes out to be $ 45,000 (she also got raise 4 months ago).

4) Now, in part 6 #13, should I write $ 30,000 or $45,000? If I write 30,000, the pay stubs and employer letter comes out to be more than that. And if I put $45,000 (amount we actually make that I can prove with pay stubs and employment letter), IRS transcript shows income of $30,000. What should I do guys?

[skarma]

Skarma,

Were you legally eligible to work in 2014 and currently?

If so, there are four areas where varying income amounts are reported. On the I-864, income is shown in earlier part of the form for your wife, then you, then combined. For the Income tax section, just report 2014, line 22 from the tax return or transaript (total income).

For the I-864A, you will report your income, but the tax return income is the same as you just reported on the I-864, line 22, total income (unless you used 1040-EZ, then you use "Adjusted Gross Income").

-Ray B

Thank for you reply Ray. That makes sense. One issue though.
I thought I didn't have to fill out i864A as I am the intended immigrant. and Yes I am an F1 student and worked at my school, which is legal.

[rayb]

If you can provide evidence that you are legal to work and that your current income will continue during the processing period and after you have Permanent Resident status, your income can be included. I would recommend that you also do a separate I-864A, in addition to having your contributing household income included below your wife's income on the I-864.

--Ray B

Thank for you reply Ray. That makes sense. One issue though.
I thought I didn't have to fill out i864A as I am the intended immigrant. and Yes I am an F1 student and worked at my school, which is legal.

[skarma]

I would recommend that you also do a separate I-864A, in addition to having your contributing household income included below your wife's income on the I-864.

--Ray B

Thanks ray, sorry to be persistent here. Just trying to understand the darn Form.

Part 6 #12 in I-864 says "the person(s) listed in 6.a., 7.a., 8.a., 9.a. does not need to complete Form I-186A because he/she is the intending immigrant and has no accompanying dependents." and yes I am an intended immigrant and I don't have any dependent meaning I don't have to fill up I-864A, right? Am I missing something here? or are you telling me to fill up I-864A just to be on the safe side.

Thank you for your time again Ray.

[rayb]

I've seen that same citation which says that you do not have to submit an I-864A, but I disagree with its intent. If you are shown on form I-864 as contributing income, as a household member, to the sponsorship calculation, and do not include an I-864A, you may be requested to add it, despite the instruction. Either way, including the I-864A won't adversely affect the sponsorship review (unless your income is disqualified because of your F1 status), and it will take you about 10 minute to complete the form I-864A.

--Ray

Thanks ray, sorry to be persistent here. Just trying to understand the darn Form.

Part 6 #12 in I-864 says "the person(s) listed in 6.a., 7.a., 8.a., 9.a. does not need to complete Form I-186A because he/she is the intending immigrant and has no accompanying dependents." and yes I am an intended immigrant and I don't have any dependent meaning I don't have to fill up I-864A, right? Am I missing something here? or are you telling me to fill up I-864A just to be on the safe side.

Thank you for your time again Ray.