I-864 Affidavit of support questions#21 & 25

[Haneen]

Hello,

My husband is applying for I-485 and I need to file the I-864 form as the sponsor. I have been unemployed during the last three years; however, my husband is working under H1B visa and he is making enough money. So I'm going to use his income. For the 2010 we filed tax return jointly and claimed his sister as a dependent. I have some questions regarding no 21 and 25 in the I-864 form.

Question # 1

In part 5 number 21(e) on the form it says : If you have any other dependents, enter the number here. Since we claimed his sister in our joint tax return, shall I enter 1 for her?

Question # 2

In number 25 there is a box 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. My total income (adjusted gross income on IRS form 1040EZ) as reported on my federal tax returns for the most recent three years was:

Since I'm unemployed and we only filed jointly for 2010. Shall I check the box and what numbers should I enter? Is the number for 2010, the number we have in our joint tax return? and zero for the other years?

Thanks for your input,
Haneen

[Haneen]

I'm going to use our gross income we filed for 2010 and nill for 2009 & 2008
I'm going also to check the box and attach a written explanation. Please let me know if this make sense to you

[barbarajlw]

I'm going to use our gross income we filed for 2010 and nill for 2009 & 2008
I'm going also to check the box and attach a written explanation. Please let me know if this make sense to you

Did you receive any unemployment during those 3 years? If so then that is classed as income. To attach 3 years is optional anyway. You only have to supply recent year which would be 2010 if you have filed yet or just 2009. Writing on extra paper outlining your situation is a very good idea.
I don't think his income comes into it. helps I believe and can add to it but if you don't have sufficient income for even the last year then you would need a co sponsor.

[nichole]

Yes, the sister is listed as a dependent.

List the income from your federal returns on the lines if you filed at all. List the joint income for the 2010 line. If you didn't file, then write Did not file or N/A on the lines for 2008, 2009. If you didn't file 3 years, don't check the box. You only need to send the 2010 return complete with the W2 form showing his income. (photocopies)



Two things you must do as stated in the instructions--

1. To count the immigrant's income, you must show it was earned as a legal worker in the US. If he has an Employment Authorization card, photocopy that and his work visa too to show he was authorized to work. If you don't explain that, they will not count his income. Write a statement saying "My husband John Jones (the immigrant beneficiary) was authorized to work in the United States because he held a H1B visa. I have included copies of his visa and Employment Authorization card as proof."

2. If you did not file a return for 2008, 2009 you must include a statement telling them why you were not required to file. Your state ment would say "I was not required to file an income tax return in 2008 and 2009 because I was unemployed and earned no income to report."

Attach those statements to the back of the I-864. I would staple the I-864 and statements together, then the 2010 tax return separately. I would also submit 6 months of pay stubs for your husband as additional proof of his income.

[Haneen]

Thanks barbarajlw and nichole.

Nichole this is the answer I was looking for but it is too late . I did what I said before, I attached the letter explaining why I did not file for tax return and a letter from my husband employer and also I attached a copy of his H1B approval.

Thanks for your help

[iramira]

i have a question also if somebody can help
I am applying for I-485 and my husband need to file the I-864 form as the sponsor
in question 25 we have a problem with the 3rd most recent year because my husband didnt file taxes that year at all but he worked and was getting only cash
what do we put there?

[barbarajlw]

i have a question also if somebody can help
I am applying for I-485 and my husband need to file the I-864 form as the sponsor
in question 25 we have a problem with the 3rd most recent year because my husband didnt file taxes that year at all but he worked and was getting only cash
what do we put there?

As said before you only need to supply last years return w2, 1040

[nichole]

i have a question also if somebody can help
I am applying for I-485 and my husband need to file the I-864 form as the sponsor
in question 25 we have a problem with the 3rd most recent year because my husband didnt file taxes that year at all but he worked and was getting only cash
what do we put there?

Well getting cash is getting income and you are supposed to file an income tax return if the amount is over the amount that requires filing. You will have to look up the exact amount for 2008. So he has maybe committed income tax evasion.

For the form, he will have two choices:

1. File a return (late) for that year and report his cash earnings to the IRS.

2. Lie and say he earned no income in 2008 in a statement explaining why he didn't file a return. Saying he earned cash is not an acceptable reason for not filing.

Lying to USCIS isn't a good idea.