Questions for AOS

[mallafri76 1,012]

We're completing the I-864 for my husband (the petitioner) and his aunt (the joint sponsor).

Part 4, question 12, which asks whether or not the person is on active military duty, says "to be completed by petitioner sponsors only". Do we understand that correctly to mean that we tick no on my husband's I-864 but leave it blank on the joint sponsor's I-864?

Secondly, what exactly is meant by current individual annual income for part 6, chapter 5. Is this the gross salary, the adjusted gross salary or the net salary?

The I-864 form and instructions says to include an IRS transcript of federal tax return for most recent year. Then the checklist on page 13 says to include a copy of the Federal income tax return, including W-2s, and also include a copy of each Form 1099, schedule and other evidence of reported income. Are the W-2s and form 1099 part of the IRS transcript or is that different things? I have no clue about this and neither does my husband, as he hasn't filed taxes for years.

[NikLR 13,220]

Yes you leave it blank on the joint sponsor.

gross salary - salary before taxes

You can include the entire tax return (w2, 1099s, 1040, schedules etc...) or a tax return transcript as proof of filing taxes. It's easier to include the tax return transcript which can be downloaded for free off the IRS website. If the USC spouse has not filed their taxes for the last 3 years and they were supposed to, then they need to do that NOW. This is a requirement of the I-864. If you were not required to file taxes (due to unemployment or making under the threshold to file) then write a letter explaining why you were not required to file. A USC needs to file their taxes no matter where they live in the world as long as they make over the threshold to file.

Also to be included, if a job will be continuing, is proof of current income (the joint sponsor should also provide this.)