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I-864 help- urgent!!!!

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  • I-864 help- urgent!!!!

    I need help figuring out which box on part 1 on the I ? 864 I need to check. I am the petitioner for my husband. However, last year I was on maternity leave for three months so my income is not as high as it has been in past years. Due to this and just to be safe I am having another family member also fill out an I ? 864. I am not sure if I still check that I am the petitioner, or if I need to check the box that says I am the 1st of 2 joint sponsors. I have a lawyer but his assistant has filled it out 3 separate ways. Now I don?t feel confident in her work as she also messed up my I-130. Please help. I need the correct boxes check and need to send this to my husband as his interview is in a few weeks.

  • #2
    Originally posted by susiejnh View Post
    I need help figuring out which box on part 1 on the I ? 864 I need to check. I am the petitioner for my husband. However, last year I was on maternity leave for three months so my income is not as high as it has been in past years. Due to this and just to be safe I am having another family member also fill out an I ? 864. I am not sure if I still check that I am the petitioner, or if I need to check the box that says I am the 1st of 2 joint sponsors. I have a lawyer but his assistant has filled it out 3 separate ways. Now I don?t feel confident in her work as she also messed up my I-130. Please help. I need the correct boxes check and need to send this to my husband as his interview is in a few weeks.
    You check "I am the petitioner" on your I-864, and the joint sponsor checks "I am the only joint sponsor" on their I-864.

    By the way, what matters is your current (right now) income, not your income last year.

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

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    • #3
      Thank you!i thought it went of the previous years? income. Basically everything the assistant has told me I am finding out is wrong.

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      • #4
        Originally posted by susiejnh View Post
        Thank you!i thought it went of the previous years? income. Basically everything the assistant has told me I am finding out is wrong.
        Where it asks for your current income (Part 6 #7), that is the current salary of your current job, not anything from any year's tax returns (unless you're self-employed). That adds up into your current household income (Part 6 #20). That is the number that needs to be over the 125% poverty line level. You are also separately asked about the "total income" number from your tax returns from the last 3 years (Part 6 #24), but that is just supporting evidence to show consistency of income, and the incomes there doesn't need to meet any level; it probably only matters in cases where your current income is borderline.

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

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        • #5
          Originally posted by newacct View Post
          Where it asks for your current income (Part 6 #7), that is the current salary of your current job, not anything from any year's tax returns (unless you're self-employed). That adds up into your current household income (Part 6 #20). That is the number that needs to be over the 125% poverty line level. You are also separately asked about the "total income" number from your tax returns from the last 3 years (Part 6 #24), but that is just supporting evidence to show consistency of income, and the incomes there doesn't need to meet any level; it probably only matters in cases where your current income is borderline.
          Hi again! i was wondering about this too! My husband is starting a new job with a higher pay and i was wondering if we submit the paperwork after he starts his new job, should we include his new salary or should we just go for a joint sponsor like we were going for originally?
          Thanks in advance!!

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