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I864, I864A help please

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  • I864, I864A help please

    Hey everyone I am about to file my immigration papers for change of status. I wanted to explain my situation and see if I can get some help with questions I have. Here is my situation: I married my wife who is a US citizen a few months ago in the states. so as I understand she needs to be my primary sponsor for I864. Last year she made just slightly over the poverty guidelines to be a sponsor but this year since she changed her occupation a few months ago and her salary went down, she will make less than what is necessary to qualify to sponsor a spouse. For that reason I've asked a distant relative of mine (By the name of Sam) who lives in the states for the past 20 years to be a joint sponsor. Sam makes roughly 60k a year and has social security benefits of about 20k a year. He files his taxes jointly with his wife who is retired and gets about 10k a year in social security benefits. The related documents that I have are my wife's tax return transcripts for the past 3 years, Sam's w2's for the past 3 years, the 1040 forms he filed jointly with his wife for the pass 3 years, and a letter to each of them from social security stating what will be their social security benefit every month in 2017. My wife and Sam will each fill out an I864 form, and Sam's wife will fill out I864A and sign it with him.
    Here are my questions:

    1. In I864 form part 6 question 2, it asks for current individual annual income, from what I understood you need to write how much you are expected to make this year and not how much you made last year. How do I calculate my wife's expected income if she changed occupations this year and her current paycheck varies a lot cause she works shifts? Do I need to provide pay stubs or letter from her employer if she's not gonna make enough anyway and that is basically why we're using a joint sponsor in the first place?

    2. On Sam's I864 on part 6 question 2 My Current Individual Income, I can estimate his salary for the year and add his expected social security benefits (before taxes) and that's what I need to write under his Current Individual Income?
    3. To calculate Sam's Current Annual Household Income In form I864 I need to add his current income and his wife's, I have a copy of a letter Sam's wife got from social security how much she will be getting each month of 2017. Should I multiply it by 12 and write that as her current annual income? On their 1040 forms their social security benefits are taxed 15% and than added to Total Income. Should I write the amount before taxes in her current annual income?


    4. Question 19a-19c in part 6 in form I864 and questions 2a-2c in part 4 in form I864A ask for Total Income for the past 3 years. On Sam's I864 since he filed taxes together with his wife than I should just copy line 22 (Total Income) from their 1040 forms for questions 19a-19c? Same question for form I864A for his wife.. should she write their total income as says on line 22 in their 1040 forms?
    5. Do you think or recommend I need to add any more documents to the forms? Any other tips or suggestions will be highly appreciated.


    Thank you very much in advanced everyone!

  • #2
    Originally posted by Antfarm1 View Post
    1. In I864 form part 6 question 2, it asks for current individual annual income, from what I understood you need to write how much you are expected to make this year and not how much you made last year. How do I calculate my wife's expected income if she changed occupations this year and her current paycheck varies a lot cause she works shifts? Do I need to provide pay stubs or letter from her employer if she's not gonna make enough anyway and that is basically why we're using a joint sponsor in the first place?
    Current = right now, this moment. Current annual income is her annual salary as of right now (i.e. if she was earning at the same level she is earning right now for 1 year, how much would it be), not considering her salary in the past or in the future. If her income changes a lot from week to week, just estimate an average amount.

    Originally posted by Antfarm1 View Post
    2. On Sam's I864 on part 6 question 2 My Current Individual Income, I can estimate his salary for the year and add his expected social security benefits (before taxes) and that's what I need to write under his Current Individual Income?
    Again, it is the salary amount he is earning right now, plus social security income he is earning as of right now, not accounting for changes in the past or future.

    Originally posted by Antfarm1 View Post
    3. To calculate Sam's Current Annual Household Income In form I864 I need to add his current income and his wife's, I have a copy of a letter Sam's wife got from social security how much she will be getting each month of 2017. Should I multiply it by 12 and write that as her current annual income? On their 1040 forms their social security benefits are taxed 15% and than added to Total Income. Should I write the amount before taxes in her current annual income?
    Income is income. It does not have anything to do with what's on past tax returns. Note that if Sam's income itself is enough, it is not necessary to add his wife's income. Only if it's necessary to count his wife's income would she need to fill out an I-864A.

    Originally posted by Antfarm1 View Post
    4. Question 19a-19c in part 6 in form I864 and questions 2a-2c in part 4 in form I864A ask for Total Income for the past 3 years. On Sam's I864 since he filed taxes together with his wife than I should just copy line 22 (Total Income) from their 1040 forms for questions 19a-19c? Same question for form I864A for his wife.. should she write their total income as says on line 22 in their 1040 forms?
    correct

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

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