I-864 & I-864A

[Daniela020]

I am the petitioner for my husband as well the sponsor for him my husband has a ITIN number and we file a joint return every year. I do not work because I have a special needs child and am not able to I am very confused when filling out the I-864 because it states my AGI from my taxes this income is from my spouse the (Beneficiary) Does he need to file a I-864A and submit evidence that this income will remain once he gets his LPR? In the instructions I cannot find a clarity on this answer.Any suggestions and help would be greatly appreciated.

[newacct]

For the question asking about your "total income" (not AGI though it's usually the same) from your tax returns for the last 3 years (I-864 Part 6 #24a-c), you put the exact number from the "total income" line of your tax returns for those years, no matter if you filed your tax returns jointly or separately. If you filed jointly, this number will reflect your joint income. That's fine.

If the question asking about your current income (I-864 Part 6 #7), you would put 0 since you are not working. If your husband is working legally, his income can be counted under "Person 1" (I-864 Part 6 #8-10), and his income would combine with yours (0) to make your household income (I-864 Part 6 #20). He does not have to file I-864A, since he is the intending immigrant. You would check the box in I-864 Part 6 #22. You would need to attach a copy of the evidence of his current work authorization. However, if he is working legally, he should have an SSN, and not be using an ITIN. Is he working legally? If he is not working legally, then his income cannot be counted, and you would need to find a joint sponsor.

[Daniela020]

Thank you so much for your time and response. No he is in the US without authorization we have a joint sponsor already but he always has filed taxes has been here since he was 11 years old. I think you answered my question very clear. Thank you again for your time and help could I add his assests such as our bank statements? I understand the new public charge is a very big thing right now.

[newacct]

Thank you so much for your time and response. No he is in the US without authorization we have a joint sponsor already but he always has filed taxes has been here since he was 11 years old. I think you answered my question very clear. Thank you again for your time and help could I add his assests such as our bank statements? I understand the new public charge is a very big thing right now.

Okay, so like I said, you would still put the "total income" number from your tax returns from the last 3 years for Part 6 #24a-c, even if it reflects joint income. For the current income, you would put 0 for your current individual income, and not put a "Person 1", so your current household income is also 0. (Actually, I re-read the I-864 instructions and it doesn't seem to explicitly say that you cannot count the illegal income of an intending immigrant who is your spouse; maybe they missed a few words in an edit; in any case, it should be okay since you have a joint sponsor.) I think that his assets can be counted. For his I-944 public charge form, however, the policy manual that only lawful sources of income are considered, so I think his assets will definitely need to be counted for that.