Spouse based GC Application Questions

[anujtanwar12]

Hi,

I am currently in H1B and my wife is a US citizen. We are filling my GC application and I have few questions regarding it.

I-485:
What should we write my position as? One in my LCA or one in Company's offer letter?


I-864
Income should be before or after taxes?
My current annual household income: is it just Sponsor's or it should include family income (wife + husband)?

Question 23a. Have you filed a federal income tax return for each of the three most recent tax years?
My Sponsor(my wife) has filed income tax for last 2 year only. Before that she was in full time school and her income was less than minimum requirement to file ITR. What should we fill in 23a?


I am filling I-130, I-130a, I-485, I-131, I-765, I-693 and I-864. How should I package and what all forms and supporting documents needs to be kept together?

[newacct]

Hi,

I am currently in H1B and my wife is a US citizen. We are filling my GC application and I have few questions regarding it.

I-485:
What should we write my position as? One in my LCA or one in Company's offer letter?

I-864
Income should be before or after taxes?

Current income refers to the current annual salary of her current job, regardless of taxes or anything else. e.g. if someone asked her right now, "What is your annual salary?", the answer is what she should put there.

My current annual household income: is it just Sponsor's or it should include family income (wife + husband)?

"My current individual annual income" (Part 6 #7) would just be your wife's. If her income is not enough and needs to count your income, then your info and income would be put in "Person 1" (Part 6 #8-10), and then both of your incomes would add to "My Current Annual Household Income" (Part 6 #20). As you are the intending immigrant, you would not need to fill out I-864A to be able to do this. Part 6 #22 would be checked.

If her own income is enough, then you do not need to be put in "Person 1", and her household income would be just her own income.

Question 23a. Have you filed a federal income tax return for each of the three most recent tax years?
My Sponsor(my wife) has filed income tax for last 2 year only. Before that she was in full time school and her income was less than minimum requirement to file ITR. What should we fill in 23a?

Check "No" in Part 6 #23a. Put "N/A" for the "total income" for the tax year when she did not file a tax return in Part 6 #24. Check the box in Part 6 #25. And attach a statement stating what her income was that year and that it was below the threshold for being required to file.

I am filling I-130, I-130a, I-485, I-131, I-765, I-693 and I-864. How should I package and what all forms and supporting documents needs to be kept together?

The main applications are I-130, I-485, I-765, and I-131. Each form's supporting forms and documents should be grouped with that form (e.g. I-130A is needed by I-130, along with things like proof of bona fide marriage and proof of citizenship; I-864 and I-693 are needed by I-485, along with things like I-94 and birth certificate). They should all be put in one big envelope together.

[anujtanwar12]

I-485, Job Title? LCA or Company position?

Thanks for your reply.

What about I-485, What should we write my position as? One in my LCA or one in Company's offer letter?

Current income refers to the current annual salary of her current job, regardless of taxes or anything else. e.g. if someone asked her right now, "What is your annual salary?", the answer is what she should put there.


"My current individual annual income" (Part 6 #7) would just be your wife's. If her income is not enough and needs to count your income, then your info and income would be put in "Person 1" (Part 6 #8-10), and then both of your incomes would add to "My Current Annual Household Income" (Part 6 #20). As you are the intending immigrant, you would not need to fill out I-864A to be able to do this. Part 6 #22 would be checked.

If her own income is enough, then you do not need to be put in "Person 1", and her household income would be just her own income.


Check "No" in Part 6 #23a. Put "N/A" for the "total income" for the tax year when she did not file a tax return in Part 6 #24. Check the box in Part 6 #25. And attach a statement stating what her income was that year and that it was below the threshold for being required to file.


The main applications are I-130, I-485, I-765, and I-131. Each form's supporting forms and documents should be grouped with that form (e.g. I-130A is needed by I-130, along with things like proof of bona fide marriage and proof of citizenship; I-864 and I-693 are needed by I-485, along with things like I-94 and birth certificate). They should all be put in one big envelope together.