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  • Help filling in I-864

    Hello friends. I need some help regarding how to fill I-864 form
    We already have joint sponsor, what we need is to help us regarding my spouse who is filling I-864 to sponsor me.

    Background: My wife is US Citizen and I was on F-1 (now adjusting my status). My wife doesn't earn that much that is why we have joint sponsor who is signing affidavit of support to sponsor me. Me and my wife filed our taxes jointly on marriage basis. I am the primary applicant and she is the secondary applicant. I worked till December and since then I am not working as I didn't received my EAD because of RFE's. I was earning good and because of that, adjusted gross income in our tax return is high because of my W2.

    My question: When filling out form I-864, we are stuck in Part 6 (Sponsor's employment and Income). What exactly we need to write Part 6 question 2: My current individual income is........?? Do we need to write the annual income of our tax return or her annual income? Actually it is confusing. How to determine her actual income if it comes to that since she filed taxes with me?

    Guys please help me with this part as we are stuck. Also, do we need to attach tax return transcript from IRS as well or no? We are attaching our joint tax return because she filed with me so our joint tax return will consider as her individual tax return as well. Thanks to the fellow members here who helped me with this question as well..

    Thank You- and God bless you all

  • #2
    First of all, there are two I-864s. Your wife, as the petitioner, is a sponsor and must fill out an I-864. Because her household income is insufficient, a joint sponsor was found who will also fill out an I-864.

    On your wife's I-864, the sponsor's employment and income is her employment and income. The income is *current* (i.e. right now) income, i.e. the annual salary she has today in the job that she has today. It may not be the same as what she earned last year. If you had income, your current income could have been counted as "Person 1", and both of your incomes would add to her household income. However, since you are not working, your current income is 0 (it is not the same as what you earned last year), so there is no point to put you as "Person 1". Her current household income will just be her current income, which is insufficient (that's why you have a joint sponsor).

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      First of all, there are two I-864s. Your wife, as the petitioner, is a sponsor and must fill out an I-864. Because her household income is insufficient, a joint sponsor was found who will also fill out an I-864.

      On your wife's I-864, the sponsor's employment and income is her employment and income. The income is *current* (i.e. right now) income, i.e. the annual salary she has today in the job that she has today. It may not be the same as what she earned last year. If you had income, your current income could have been counted as "Person 1", and both of your incomes would add to her household income. However, since you are not working, your current income is 0 (it is not the same as what you earned last year), so there is no point to put you as "Person 1". Her current household income will just be her current income, which is insufficient (that's why you have a joint sponsor).
      Thank you so very much. So In I-864 part 6 question 2 and 15, answer will be same right?
      P.S: we already have affidavit of support from our joint sponsor.
      Also, do you know how to calculate total income from W2? or anybody knows?

      Comment


      • #4
        Originally posted by muhammadusmani View Post
        Thank you so very much. So In I-864 part 6 question 2 and 15, answer will be same right?
        yes

        Originally posted by muhammadusmani View Post
        Also, do you know how to calculate total income from W2? or anybody knows?
        Not sure what you mean by "calculate total income". Which question are you talking about?

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          First of all, there are two I-864s. Your wife, as the petitioner, is a sponsor and must fill out an I-864. Because her household income is insufficient, a joint sponsor was found who will also fill out an I-864.

          On your wife's I-864, the sponsor's employment and income is her employment and income. The income is *current* (i.e. right now) income, i.e. the annual salary she has today in the job that she has today. It may not be the same as what she earned last year. If you had income, your current income could have been counted as "Person 1", and both of your incomes would add to her household income. However, since you are not working, your current income is 0 (it is not the same as what you earned last year), so there is no point to put you as "Person 1". Her current household income will just be her current income, which is insufficient (that's why you have a joint sponsor).
          Can income from unauthorized work be counted as income for I-864? I have been working since 2008 and have 36 credits with SSA, but it's from unauthorized work.

          Comment


          • #6
            Originally posted by steadygaze View Post
            Can income from unauthorized work be counted as income for I-864? I have been working since 2008 and have 36 credits with SSA, but it's from unauthorized work.
            Please start your own thread to ask your own questions.

            But to answer your question the simple answer is no. You need 40 credits to be exempt from i-864 but you don't have them yet so you still need i-864. If you had 40 or more credits to your name/ssn, then you could file i-864W regardless of whether it was authorized work or not.

            Comment


            • #7
              Originally posted by newacct View Post
              yes



              Not sure what you mean by "calculate total income". Which question are you talking about?
              In my wife's W2, how can I find her total income of that year (annual salary) ? Any help?

              Comment


              • #8
                Originally posted by muhammadusmani View Post
                In my wife's W2, how can I find her total income of that year (annual salary) ? Any help?
                Box 1

                Comment


                • #9
                  Originally posted by muhammadusmani View Post
                  In my wife's W2, how can I find her total income of that year (annual salary) ? Any help?
                  There is no question for which she would look on her W-2.

                  For her "current annual income", that is the salary of the job she has right now. i.e. if someone on the street asked her what her salary is right now, what would she answer? It is not necessarily the same as what she earned last month or last year.

                  For the question that asks for the "total income" from her tax returns for the past three years, she must put the exact number from the "total income" line from her tax returns for those years.

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment

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