A few questions about i-864 form

[Jasna]

I am the immigrant applying for a green card (based on K-1 visa). My husband has his father as a joint sponsor.

Questions #1:
In the i-864 form, number 25 says: I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year. - and there's a box to check as the only option. Underneath this there are lines to fill in with your annual income for the last 3 most recent years.

Now the problem is that my husband was not employed 3 years back. We have his tax return for 2009 and 2008 (this year he didn't work all throughout the year, only the last few months). Should we attach a letter of explanation for this?

Question #2:
The other tax return papers we have are my husband's parents tax return joined, not his father only..that's how they've been applying for it. Should I file a separate i-864A form for both of them?

Question #3:
Does not attaching the tax return for the 3 most recent years opposed to only the last year really makes a big difference in the decision of getting the green card?

Thank you all in advance

[barbarajlw]

I am the immigrant applying for a green card (based on K-1 visa). My husband has his father as a joint sponsor.

Questions #1:
In the i-864 form, number 25 says: I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year. - and there's a box to check as the only option. Underneath this there are lines to fill in with your annual income for the last 3 most recent years.

Now the problem is that my husband was not employed 3 years back. We have his tax return for 2009 and 2008 (this year he didn't work all throughout the year, only the last few months). Should we attach a letter of explanation for this?

Question #2:
The other tax return papers we have are my husband's parents tax return joined, not his father only..that's how they've been applying for it. Should I file a separate i-864A form for both of them?

Question #3:
Does not attaching the tax return for the 3 most recent years opposed to only the last year really makes a big difference in the decision of getting the green card?

Thank you all in advance

You have the option of 3 most recent years or the last recent year 2009. My husband only did last year and yes your co-sponsor would have to fill in a form too 864.
My husband included W2,1040 and 1099. I am from Australia so the tax system is really weird here. Good luck

[nichole]

Questions #1:
Now the problem is that my husband was not employed 3 years back. We have his tax return for 2009 and 2008 (this year he didn't work all throughout the year, only the last few months). Should we attach a letter of explanation for this?

On the line for 2007, write see statement then at the end of the form attach a statement saying I did not file taxes in 2007 because I was unemployed and had no income. Then he should sign and date it.

Question #2:
The other tax return papers we have are my husband's parents tax return joined, not his father only..that's how they've been applying for it. Should I file a separate i-864A form for both of them?

I 864A is if you live in the same house with the parents. Then the parent's income can be added to your husband's I 864 form. He will list them separate on his form. Then they each do I864A, which is giving permission for husband to use their income on husband's form

If you live in your own place, the father does a separate I-864. If the father makes enough on his own, then you can report and prove his income alone by listing what part of the income was his. Photocopies of his W-2 statements will prove his portion of the tax return. A letter from his employer could also state his yearly salary to show he qualifies on his salary alone. A sponsor has to make enough by themselves.

Or here's a little more complicated-- If Dad is doing an I-864 (because you don't live with him), he can list mother on his form I-864 as a household member because Dad and Mom live in the same house.. Then she does an I-864A, to give her permission for Dad to count her income on Dad's I-864.

Question #3:
Does not attaching the tax return for the 3 most recent years opposed to only the last year really makes a big difference in the decision of getting the green card?

Only one year is required and should be enough. If USCIS thinks they need to see more, they will send a letter asking for them.


Don't forget to send proof of US citizenship of the parents (or proof of legal presence like a green card if not citizens.)

[Jasna]

We live in the same house with his parents so that's why we're using the i-864A forms, to add their income to my husband's.

I think I got my answers, will check in with the INS on the phone once again before I send out the papers just to be sure, but your answers made it a lot easier. Thank you very much, both of you