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  • Questions about I-864

    I am working on preparing my I-864 as part of my I-485 application. I am the intended immigrant. My wife is the sponsor and the petitioner. She doesn't work currently, so my income would need to be counted in the total household income to qualify for the income requirement. My income is significantly above the poverty line. (and wife's is 0 currently). For the most recent 2 years we have filed joint tax return, but she filed her taxes alone for the 3rd most recent year (we weren't married at that time).

    Questions
    1. Should we attach 1 year of IRS transcript or 3? Almost everywhere in the instructions it says only 1 year is needed, and attach 3 years' if it helps. Our combined income in the most recent joint tax return is significantly above the requirement. Should we bother attaching 3 years? On one hand I think it will help bolster the case especially because my wife, the sponsor is earning $0 currently. So hopefully more returns will strengthen the case. The problem is that the 3rd most recent tax return is significantly below the poverty line. So that would probably do the opposite of strengthening the case.
    2. In part 6, 24a-c, should we report the sum of incomes from both of our tax returns for the 3rd year (because we filed separately)? Or should this must exactly match the number on sponsor's tax return?
    3. We are attaching IRS transcripts, which are more trusted than tax returns. Should we also attach the tax returns, w-2s, and 1099s? My main concern is to not distract / confuse the officer with my wife's w-2s which show a small amount of money (due to working part time while being a student).

    I will also be attaching the Employment Verification Letter from my employer to prove that my income will continue to come from the same source after green card.
    Last edited by sandeep.iiit; 09-19-2020, 05:38 AM.
    F2A, Spouse of LPR. Center NBC. FO Seattle
    1/19/20 I-130 filed online
    8/10 I-485,I-131,I-765 sent
    9/05 Got I-797 receipts
    9/14 Got RFIE for lack of I-864
    9/22 Sent response
    10/9 Got I-693 Deficiency Notice
    11/13 Got RFE for lack of I-944
    11/20 Sent I-944
    7/13/21 Got biometric notice
    8/9 Biometric day
    8/13 Ready to be scheduled for interview
    3/1/22 I-130 approved
    3/1 Got RFE for medicals
    3/7 Sent RFE
    3/14 Got EAD
    4/9 Got green card

  • #2
    1. either way is okay
    2. it must exactly match the number on the "total income" line of her tax return
    3. No. If you guys are using tax return transcripts, you do not need to attach any tax forms or W-2s, unless you guys filed jointly and is only using one person's income

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

    Comment


    • #3
      Thanks!
      F2A, Spouse of LPR. Center NBC. FO Seattle
      1/19/20 I-130 filed online
      8/10 I-485,I-131,I-765 sent
      9/05 Got I-797 receipts
      9/14 Got RFIE for lack of I-864
      9/22 Sent response
      10/9 Got I-693 Deficiency Notice
      11/13 Got RFE for lack of I-944
      11/20 Sent I-944
      7/13/21 Got biometric notice
      8/9 Biometric day
      8/13 Ready to be scheduled for interview
      3/1/22 I-130 approved
      3/1 Got RFE for medicals
      3/7 Sent RFE
      3/14 Got EAD
      4/9 Got green card

      Comment

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