I-864 (Affidavit of Support) total income question

[HonnaGrace]

Hello, I am stuck on what to do about a question on the I-864. I am the the petitioner for my husband's adjustment of status and have filled out the I-864. My income alone is not enough, so we had my husband's mom and dad fill out the I-864 and I-864a as well. My question is: I have to send a copy of my most recent tax return, which my husband and I filed jointly, but my husband has had an expired work permit for a while (which is why we didn't include him as a source of income on the I-864). But if we filed our taxes together, do I still need to provide our total income combined as it shows on our tax return? Or do I only provide my individual income? It says on page 6, part 6, lines 19a, 19b, and 19c to provide: "total income (adjusted gross income on IRS form 1040EZ) as reported on my federal income tax returns for the most recent 3 years".

I'm just not sure if I should still include my husband's income in the total or not. Thank you in advance for any help.

[rayb]

The page 6 question wants the total income from tax returns. The earlier page wants your estimated annual income for just you only.

--Ray B

Hello, I am stuck on what to do about a question on the I-864. I am the the petitioner for my husband's adjustment of status and have filled out the I-864. My income alone is not enough, so we had my husband's mom and dad fill out the I-864 and I-864a as well. My question is: I have to send a copy of my most recent tax return, which my husband and I filed jointly, but my husband has had an expired work permit for a while (which is why we didn't include him as a source of income on the I-864). But if we filed our taxes together, do I still need to provide our total income combined as it shows on our tax return? Or do I only provide my individual income? It says on page 6, part 6, lines 19a, 19b, and 19c to provide: "total income (adjusted gross income on IRS form 1040EZ) as reported on my federal income tax returns for the most recent 3 years".

I'm just not sure if I should still include my husband's income in the total or not. Thank you in advance for any help.

[newacct]

But if we filed our taxes together, do I still need to provide our total income combined as it shows on our tax return?

Yes. You must enter the exact number from the "total income" line of your tax return for those years. Not another number.

[HonnaGrace]

Thank you for the replies. My main concern is that they'll ask for proof that my husband's income was gained legally with a valid work permit. We sent the I-864 a few months ago with him as a source of income but then they sent us a request for evidence saying we needed to prove his work was legal. That's why we're not including him as a source of income this time. I just wasn't sure if they would still need proof of legal work if we put the total of our income combined.

Just want to make sure because this is our 2nd RFE notice we've gotten throughout this green card process. I'm afraid if we mess this up they'll deny us.

[rayb]

On page 5 of the form I-864, #2 and #13, your estimated annual income amount (based on your current compensation agreement with your employer) must be reported.

On page 6, #19.a., b and c, the total income from your form 1040 (line 22 of Form 1040, or other line of Form 1040A or 1040EZ).

--Ray B

Thank you for the replies. My main concern is that they'll ask for proof that my husband's income was gained legally with a valid work permit. We sent the I-864 a few months ago with him as a source of income but then they sent us a request for evidence saying we needed to prove his work was legal. That's why we're not including him as a source of income this time. I just wasn't sure if they would still need proof of legal work if we put the total of our income combined.

Just want to make sure because this is our 2nd RFE notice we've gotten throughout this green card process. I'm afraid if we mess this up they'll deny us.

[newacct]

Thank you for the replies. My main concern is that they'll ask for proof that my husband's income was gained legally with a valid work permit. We sent the I-864 a few months ago with him as a source of income but then they sent us a request for evidence saying we needed to prove his work was legal. That's why we're not including him as a source of income this time. I just wasn't sure if they would still need proof of legal work if we put the total of our income combined.

No. Only if you are using his income in your household income does it matter whether he was working legally.

[HonnaGrace]

Thank you guys so much for your replies. We really appreciate your help and lot!