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Question about Affidavit of support: I-864

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  • Question about Affidavit of support: I-864

    Hi All,

    I am in US on L1b visa and I got married to US citizen last year. We filed I-130 which is already approved. Now following the process, we are preparing other forms. And we stuck on I-864.

    Now I have worked here in US since 2007. My wife(citizen) was studying till end of 2007. And she started working last year.

    Tax returns:
    -I filed for 2007 (individual - aprx $50k ).
    -She has filed for 2006 & 2007 (under her Dad's dependent).
    Note: her income was around $12k for both these years.
    -We jointly filed tax return for 2008 [gross income around $66k ]

    If I blindly follow the instruction for I-864 then for question 24. My current annual household income:
    a. her income: 33k
    b. my income: 33k [intended immigrant, this is adj. gross income]
    So, c. total: 66k -> which is above poverty guidelines.

    Now, question 25 Federal income tax return information.

    Check to yes that she has files three most recent tax returns.
    and then asks for adjusted gross income for each of the years. which would be,
    2008 66k
    2007 12k
    2006 12k

    Problem 1: How can I include my income for 2007? as we didn't file jointly.

    Problem 2: Is there any requirement that the poverty guidelines must be met for past 3 consecutive years? As clearly it does not for year 2006 in our case.

    Problem 3: Income in questions 23[annual income] and 24[annual household income], are these income before taxes or adj. gross income i.e. after taxes.

    Sorry for the long description but just wanted to give exact idea of the situation.

    Any kind of help would be appreciated.

    Thanks,
    Mehul

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