Help I-864 Part 6 13.a to 13.c Sponsor's Income and Employment

[sanmi 1]

My husband is US citizen. I am the intending immigrant without dependents.

We use both our income to file I-864, and there is no need for me to file I-864A.

However, under Part 6 13.a to 13.c : It is asked us to report Tax (3 years):

Year 2014: We filed Tax jointly, so we will use that gross income.

Year 2013 and 2012: we filed our tax return separately on 2013 (as we were not married at the time), should we put the SUM of our gross incomes or just the citizen's gross income?

Thank you so much!!!

[NikLR 13,220]

ARe you living in the USA?

[sanmi 1]

ARe you living in the USA?

Yes, I am currently working in the USA. The household size is 2, just me and my husband.

[NikLR 13,220]

Yes, I am currently working in the USA. The household size is 2, just me and my husband.

okay thanks!

If possible from now on please post in the AOS from work, tourist, and student visas as youre adjusting your status, and not inquiring on what type of visa you need. Thank you!

[NikLR 13,220]

On this case, because you filed jointly with your husband and your job will be continuing because you're not immigrating, you're adjusting your status, you should file an I-864a to accompany uour husband's I-864.

~~organizer hat on~~

~~moved to AOS from work, tourist, and work visas from what visa do I need~~

[sanmi 1]

okay thanks!

If possible from now on please post in the AOS from work, tourist, and student visas as youre adjusting your status, and not inquiring on what type of visa you need. Thank you!

I am so sorry about this. I will definitely post at the right spot next time.

[KayDeeCee 4,891]

The USC spouse needs to put the amount shown for total income on his last 3 years of taxes, filed jointly or not. Don't put his separate income there. His separate income goes in the section where it asks for his individual current annual income. He can provide a letter from employer and/or recent pay stubs to prove his current income amount.

The immigrant needs to provide proof of income and that the income will continue from the same source. They do not have to provide an I-864A.

From Page 6 > http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

c. If you included the income of the intending immigrant who is not your spouse, (he or she would be counted on
Item Number 1. of Part 5.), evidence that his or her income will continue from the current source after obtaining
lawful permanent resident status must be provided and the intending immigrant must provide evidence that he/she
is living in your residence. He or she does not need to complete Form I-864A, Contract Between Sponsor and
Household Member, unless he or she has an accompanying spouse or children.

[sanmi 1]

On this case, because you filed jointly with your husband and your job will be continuing because you're not immigrating, you're adjusting your status, you should file an I-864a to accompany uour husband's I-864.

~~organizer hat on~~

~~moved to AOS from work, tourist, and work visas from what visa do I need~~

I am reading I-864 Instruction.

Under Part 6. Sponsor's Income and Employment

6 Annual Household Income

b. If you included the income of the intending immigrant who is your spouse, evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided ( I provided with my Employment proof). He/she does not need to complete form I-864A unless he/she has accompanying children.

I am so sorry about the long paragraph. It sees like I don't need to provide I-864A?

[KayDeeCee 4,891]

It sees like I don't need to provide I-864A?

Correct. You do not.

[sanmi 1]

On this case, because you filed jointly with your husband and your job will be continuing because you're not immigrating, you're adjusting your status, you should file an I-864a to accompany uour husband's I-864.

~~organizer hat on~~

~~moved to AOS from work, tourist, and work visas from what visa do I need~~

Thanks a lot!

I finally figured out what I need to do...

In Part 6. of I-864

If I checked box 11: The person(s) listed in 6.a .. have completed Form I-864A. I am filing along with this form all necessary Forms I-864A completed by these persons.

Then I need to file I-864a.

If I checked box 12: The person(s) listed in 6.a .. does not need to complete Form I-864A. Because he/she is the intending immigrant and has no accompanying dependents.

Then I do not need to file I-864a.

It is so tricky!

[KayDeeCee 4,891]

Correct again. Do not check box 11. Check box 12 and list your name there under it.

[NikLR 13,220]

I'm confused.. the OP filed jointly with their spouse last year, has an SSN, and their job will be continuing as they live in the USA currently? They could file an I-864a to accompany the I-864 to bring up the household income. If not then they need to provide the entire tax return or tax return transcript and W2s of the petitioner to show the individual income made only by the petitioner/sponsor.

Edited March 20, 2015 by NLR

[KayDeeCee 4,891]

The intending immigrant's income is combined with their spouse's on their I-864 without the need for an I-864A to be submitted. Part 6 #5 and 6c. will be added together on #10 for current annual household income. If they filed taxes jointly, then they will provide the complete return or transcript, proof of their current incomes, and proof that the intending immigrant's income will continue from the same source after they become an LPR.

Sorry, posted the wrong part of the instructions above. It is the same answer, but I posted about the intending immigrant that is not a spouse. I meant to post the one about the intending immigrant that is a spouse. The instructions are incorrect though. They won't be counted in Part 5 #7 because they are the intending immigrant being sponsored in the affidavit and are counted in #1 only.

b. If you included the income of the intending immigrant who is your spouse (he or she would be counted on Item
Number 7. of Part 5.), evidence that his/her income will continue from the current source after obtaining lawful
permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has
accompanying children.

There is also more detail on page 9.

6. Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the
intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he
or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are 2 requirements.

First, the income must be continuing from the same source after he or she obtains lawful permanent resident status,
and second, the intending immigrant must currently live with you in your residence. Evidence must be provided to
support both requirements.

However, an intending immigrant whose income is being used to meet the income requirement does not need to
complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a
spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse
and/or children.