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affidavit of support I-864 - exclude spouse from being a sponsor

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  • affidavit of support I-864 - exclude spouse from being a sponsor

    Hello,

    This is a question in filling out I-864. I am petitioning for my parents. Wife doesn't want to be a sponsor. However we file tax jointly (and per I-864 requirements, I need to submit federal tax copies).
    My question is: can I exclude her name from the I-864 form, and state only my income in the past 3 years income fields? In such case USCIS won't be able to verify my income (only combined income appears in federal tax form).
    Or, need I include her name in the I-864 if we file tax jointly?

    Thank you in advance for your help.

  • #2
    Originally posted by spark650 View Post
    Hello,

    This is a question in filling out I-864. I am petitioning for my parents. Wife doesn't want to be a sponsor. However we file tax jointly (and per I-864 requirements, I need to submit federal tax copies).
    My question is: can I exclude her name from the I-864 form, and state only my income in the past 3 years income fields? In such case USCIS won't be able to verify my income (only combined income appears in federal tax form).
    Or, need I include her name in the I-864 if we file tax jointly?

    Thank you in advance for your help.
    Your wife does not have to have her income counted if your own income is sufficient. So then she would not need to fill out an I-864A. On your I-864, you would put your current individual income in Part 6 #7, your wife would not be listed in "Person 1" (Part 6 #8-10), and your current household income (Part 6 #20) would be the same as your current individual income.

    For the question that asks for the "total income" line from your tax returns for the last 3 years (Part 6 #24a-c), you must put the exact number from the "total income" line of your tax return from those years, no matter how you filed. If you filed a joint tax return, then that will be your joint "total income". Do not change the number. The "total income" from past tax returns does not have to match your current household income.

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

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    • #3
      Originally posted by newacct View Post
      Your wife does not have to have her income counted if your own income is sufficient. So then she would not need to fill out an I-864A. On your I-864, you would put your current individual income in Part 6 #7, your wife would not be listed in "Person 1" (Part 6 #8-10), and your current household income (Part 6 #20) would be the same as your current individual income.

      For the question that asks for the "total income" line from your tax returns for the last 3 years (Part 6 #24a-c), you must put the exact number from the "total income" line of your tax return from those years, no matter how you filed. If you filed a joint tax return, then that will be your joint "total income". Do not change the number. The "total income" from past tax returns does not have to match your current household income.
      Your instructions for what to put in the numbered fields were particularly helpful - thank you very much!

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