Is it mandatory to include Principal Immigrant's income in i-864?

[Wifetobe]

We are preparing our AOS marriage-based package. We have a co-sponsor, but I still need advice on the primary sponsor i-864.*
1. Do we have to include the immigrant's income as part of household income? The immigrant is working with OPT (from F1 visa).*

2. If it needs to be included, does the federal tax return or W2 of the immigrant have to be included in the application package or just the US citizen's?*

3. If we include immigrant's savings and it exceeds the minimum requirement, do we still need the co-sponsor? I'm just unsure whether the officer has preference for US citizen's income over immigrants personal savings.*

This is what I found on USCIS site:*
You do not need to list any household member’s income in Part 6 if that household member does not intend to provide financial support to the principal immigrant.*

Thank you very much for taking the time to read and answer my questions.

[Pepsimax]

We are preparing our AOS marriage-based package. We have a co-sponsor, but I still need advice on the primary sponsor i-864.*
1. Do we have to include the immigrant's income as part of household income? The immigrant is working with OPT (from F1 visa).*

2. If it needs to be included, does the federal tax return or W2 of the immigrant have to be included in the application package or just the US citizen's?*

3. If we include immigrant's savings and it exceeds the minimum requirement, do we still need the co-sponsor? I'm just unsure whether the officer has preference for US citizen's income over immigrants personal savings.*

This is what I found on USCIS site:*
You do not need to list any household member’s income in Part 6 if that household member does not intend to provide financial support to the principal immigrant.*

Thank you very much for taking the time to read and answer my questions.

Yes it is mandatory. You HAVE TO include tax/financial related documents of primary sponsor anyway.

Since you have a co-sponsor which mean he/she intents to provide financial support to principal immigrant you need to list his/her name in part 6.

here is from the instruction:
2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after
obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living
in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children.

I think you do not need another co-sponsor if you include your income in part 6.

edit: sorry I overlooked the question, I thought you were asking the primary sponsor. No it is not mandatory to include primary immigrant's tax return.

[newacct]

It's not mandatory to count the immigrant's income, and there would be no point to count any household member's income for the primary sponsor's I-864 anyway if there's a joint sponsor.

If the immigrant is working legally, and counting the immigrant's income makes the primary sponsor's household income sufficient, there is no need for a joint sponsor.

[Walbrzyszanka21]

It's not mandatory to count the immigrant's income, and there would be no point to count any household member's income for the primary sponsor's I-864 anyway if there's a joint sponsor.

If the immigrant is working legally, and counting the immigrant's income makes the primary sponsor's household income sufficient, there is no need for a joint sponsor.

Hey newacct, I am having my interview 11/8. Both my husband and I (the beneficiary) are working. For the interview, my husband needs to bring the last three years tax returns, correct? Does he need the pay stubs? How about me? Should I bring my taxes?

For all other evidence, should I bring documents that prove we went to the same school and took the same classes? Or is not irrelevant?

[Wifetobe]

Yes it is mandatory. You HAVE TO include tax/financial related documents of primary sponsor anyway.

Since you have a co-sponsor which mean he/she intents to provide financial support to principal immigrant you need to list his/her name in part 6.

here is from the instruction:
2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after
obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living
in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children.

I think you do not need another co-sponsor if you include your income in part 6.

edit: sorry I overlooked the question, I thought you were asking the primary sponsor. No it is not mandatory to include primary immigrant's tax return.

Thank you for your answers. In regard to including immigrant's income, I know we must provide evidence that his/her (immigrant's) income will continue from the current source after
obtaining lawful permanent resident status. Is this also valid if the immigrant is working with EAD from her F1 visa that will expire in April 2018? We are planning to apply in November and hoping to get the new EAD (from AOS) by end of March. I read in a different forum this is an indication her current income is not guaranteed in the event the EAD did not arrive before the current one expires.

[Wifetobe]

Follow-up

It's not mandatory to count the immigrant's income, and there would be no point to count any household member's income for the primary sponsor's I-864 anyway if there's a joint sponsor.

If the immigrant is working legally, and counting the immigrant's income makes the primary sponsor's household income sufficient, there is no need for a joint sponsor.

Thank you for answering. When the joint sponsor agreed to fill out the I-864, I was not aware that intending immigrant's income can count, because the immigrant's current EAD is due to expire on April 2018 and we are counting on the new EAD to arrive by end of March.

[Pepsimax]

Thank you for your answers. In regard to including immigrant's income, I know we must provide evidence that his/her (immigrant's) income will continue from the current source after
obtaining lawful permanent resident status. Is this also valid if the immigrant is working with EAD from her F1 visa that will expire in April 2018? We are planning to apply in November and hoping to get the new EAD (from AOS) by end of March. I read in a different forum this is an indication her current income is not guaranteed in the event the EAD did not arrive before the current one expires.

ask your employer to give you a letter.

[GMP]

Hello, I am in a similar situation. My wife (US citizen) is sponsoring me (F1-OPT, post-doc position of 2 years started in Sep-1 2017) in my AOS based on marriage. Her annual salary is higher than requirements, but I would also like to add my salary to the household total in I-864. If I do so, I would only need to attach an employment verification letter that confirms that my current annual salary is X and that my job position is a 2-year position; and I do not need to include any tax returns+W2 even if I have filed them during my PhD. Is this correct?

[newacct]

Hello, I am in a similar situation. My wife (US citizen) is sponsoring me (F1-OPT, post-doc position of 2 years started in Sep-1 2017) in my AOS based on marriage. Her annual salary is higher than requirements, but I would also like to add my salary to the household total in I-864. If I do so, I would only need to attach an employment verification letter that confirms that my current annual salary is X and that my job position is a 2-year position; and I do not need to include any tax returns+W2 even if I have filed them during my PhD. Is this correct?

As I understand it, yes. You should also include recent pay stubs.