Jump to content
sanmi

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

13 posts in this topic

Recommended Posts

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!!!

Share this post


Link to post
Share on other sites

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! :)


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

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~~


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites

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 by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

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.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×