Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Urgent help with Form I-864

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Urgent help with Form I-864

    Hello!
    I need your help. My husband is applying the Form I-864 and he's my sponsor. In part 7 it is said: If your income, or the total income for you and your household, from Part 6., Item Numbers 19.a.-19.c., exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8.
    Our situation is following:
    If we add the total income which is for three last years then we are above the poverty line. But only if we take the last yesr, then we have to fill in Part 7. So, what do they want us to count? Just the most recent year, or the total for 3 last years?

    Please, help me!!!

  • #2
    Originally posted by Azaliya View Post
    Hello!
    I need your help. My husband is applying the Form I-864 and he's my sponsor. In part 7 it is said: If your income, or the total income for you and your household, from Part 6., Item Numbers 19.a.-19.c., exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8.
    Our situation is following:
    If we add the total income which is for three last years then we are above the poverty line. But only if we take the last yesr, then we have to fill in Part 7. So, what do they want us to count? Just the most recent year, or the total for 3 last years?

    Please, help me!!!
    Just the most recent year.

    Comment


    • #3
      Originally posted by Azaliya View Post
      Hello!
      I need your help. My husband is applying the Form I-864 and he's my sponsor. In part 7 it is said: If your income, or the total income for you and your household, from Part 6., Item Numbers 19.a.-19.c., exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8.
      Our situation is following:
      If we add the total income which is for three last years then we are above the poverty line. But only if we take the last yesr, then we have to fill in Part 7. So, what do they want us to count? Just the most recent year, or the total for 3 last years?

      Please, help me!!!
      The instructions are not right. It's not the income from last 3 years or last year that matters. It's the *current* (i.e. right now) income that matters -- the current household income in Part 6 #15.

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

      Comment


      • #4
        Household income

        Originally posted by newacct View Post
        The instructions are not right. It's not the income from last 3 years or last year that matters. It's the *current* (i.e. right now) income that matters -- the current household income in Part 6 #15.
        Since my husband changed his job this year, but last year his income was below poverty income, can we put an estimated income and get the letter from the employer who can confirm the amount?

        Comment


        • #5
          Originally posted by Azaliya View Post
          Since my husband changed his job this year, but last year his income was below poverty income, can we put an estimated income and get the letter from the employer who can confirm the amount?
          His current income should be proven by recent pay stubs and (if possible) an employer letter no matter how long he has worked there. It is not "estimated" -- it is the rate of income he is earning as of right now.

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

          Comment


          • #6
            Originally posted by newacct View Post
            His current income should be proven by recent pay stubs and (if possible) an employer letter no matter how long he has worked there. It is not "estimated" -- it is the rate of income he is earning as of right now.
            What should we attach if he is getting paid cash. He is a tile installer.

            Comment


            • #7
              Originally posted by Azaliya View Post
              What should we attach if he is getting paid cash. He is a tile installer.
              Hmm, is he self-employed? If so, then the income on last year's tax return would be relevant.

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

              Comment


              • #8
                Originally posted by newacct View Post
                Hmm, is he self-employed? If so, then the income on last year's tax return would be relevant.
                No, he is not self-employed. He works for another guy, who pays cash. Can we just attach a letter from the employer then? therefore, his declared income last year was less than Poverty Guidelines, he was paid cash.

                Comment


                • #9
                  Originally posted by Azaliya View Post
                  No, he is not self-employed. He works for another guy, who pays cash. Can we just attach a letter from the employer then? therefore, his declared income last year was less than Poverty Guidelines, he was paid cash.
                  Well, whether he is paid by cash or check or something else doesn't change what his income is last year or now. He is subject to taxes on all his income; your term "declared income" is worrisome, it seems to imply he didn't report all his income on his tax returns, in which case he needs to go back and amend those tax returns ASAP because it is fraud.

                  If he has no pay stubs and his employer won't write an employer letter, then that will be a problem for proving his current income. If he has a pretty fixed rate of income, his current annual income is that rate of income stretched over a year, but you will likely get an RFE if there is no pay stubs or other proof of the current income.

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

                  Comment


                  • #10
                    Originally posted by newacct View Post
                    Well, whether he is paid by cash or check or something else doesn't change what his income is last year or now. He is subject to taxes on all his income; your term "declared income" is worrisome, it seems to imply he didn't report all his income on his tax returns, in which case he needs to go back and amend those tax returns ASAP because it is fraud.

                    If he has no pay stubs and his employer won't write an employer letter, then that will be a problem for proving his current income. If he has a pretty fixed rate of income, his current annual income is that rate of income stretched over a year, but you will likely get an RFE if there is no pay stubs or other proof of the current income.
                    What is RFE?

                    Comment


                    • #11
                      Originally posted by Azaliya View Post
                      What is RFE?
                      request for evidence

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

                      Comment


                      • #12
                        Problems with I-864

                        So, my situation is following. My husband's income isn't enough to sponsor me. Now I got totally confused when we found a friend to help us out. WHo is supposed to fill the form I-864, my husband or my friend? And also in the form I-864A, who is sponsor and who is a household member?

                        Thanks in advance!

                        Comment


                        • #13
                          Your husband fills out i864 as the petitioner.

                          The friend fills out i864 as a joint sponsor.

                          I864A is for household members (like you) to include their legal income in the calculation.
                          Adjustment of Status c(9) 400 days
                          Married: 8/18/17
                          Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
                          I-485 Status - "Biometrics Fee Received": 10/28/17
                          Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
                          EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
                          EAD/AP Renewal Received: 10/4/18
                          Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
                          Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
                          Card in hand! 11/23/18 (Day 400)

                          Comment

                          {{modal[0].title}}

                          X

                          {{modal[0].content}}

                          {{promo.content}}

                          Working...
                          X