Jump to content
Subee9

question regarding i864 affidavit of support (merged)

12 posts in this topic

Recommended Posts

My wife (a petitioner) who is an LPR is sponsoring me (only me, we don't have kids). In the i864 form part 5 where it says, "persons NOT sponsored in this affidavit" : Yourself (i know my wife has to write 1 here) , but where it says " if you are currently married, enter "1" for your spouse," does my wife put "1" for me? because I am the one who she is sponsoring and the title says, "persons NOT sponsored in this affidavit." Furthermore I am already counted under the title "person you are sponsoring in this affidavit: enter the number you entered on line 7 of part 3."


CIS Office : New York City NY Date Filed : 2015-09-02 NOA Date : 2015-09-04 RFE(s) : None Bio. Appt. : 2015-09-29

EAD Approved Date : 2015-11-04

Share this post


Link to post
Share on other sites

My wife and myself have filed joint tax return for the past two years (I live in US with my wife). My wife is the petitioner and I am the beneficiary. I am waiting for my date to be current, which is Jan, 2014 (very close), so I adjust my status. Can we show the joint income as stated in the tax return to fill out i864? If yes, then how should I go about filling the i864 form? and what evidences apart from joint tax return, employment letter, pay stubs do I need to present?


CIS Office : New York City NY Date Filed : 2015-09-02 NOA Date : 2015-09-04 RFE(s) : None Bio. Appt. : 2015-09-29

EAD Approved Date : 2015-11-04

Share this post


Link to post
Share on other sites

My wife (a petitioner) who is an LPR is sponsoring me (only me, we don't have kids). In the i864 form part 5 where it says, "persons NOT sponsored in this affidavit" : Yourself (i know my wife has to write 1 here) , but where it says " if you are currently married, enter "1" for your spouse," does my wife put "1" for me? because I am the one who she is sponsoring and the title says, "persons NOT sponsored in this affidavit." Furthermore I am already counted under the title "person you are sponsoring in this affidavit: enter the number you entered on line 7 of part 3."

Part 5. Sponsor's Household Size says right below it

DO NOT COUNT ANYONE TWICE

Your wife is sponsoring you, so you will be listed on line 1: Persons you are sponsoring in this affidavit.

Since you are listed on line 1, you will not be listed on line 3 (If you are currently married).

In short, since you said it is just you and your wife, and your wife is sponsoring you, your part 5 should look similar to this:

  1. 1
  2. 1
  3. 0
  4. 0
  5. 0
  6. 0
  7. 0
  8. 2 TOTAL

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

Share this post


Link to post
Share on other sites

Part 5. Sponsor's Household Size says right below it

DO NOT COUNT ANYONE TWICE

Your wife is sponsoring you, so you will be listed on line 1: Persons you are sponsoring in this affidavit.

Since you are listed on line 1, you will not be listed on line 3 (If you are currently married).

In short, since you said it is just you and your wife, and your wife is sponsoring you, your part 5 should look similar to this:

  1. 1
  2. 1
  3. 0
  4. 0
  5. 0
  6. 0
  7. 0
  8. 2 TOTAL

Thank you very much for your reply. I really appreciate it.

I have another question. My wife started working (at the current job) about a year ago and we filed a joint tax return ( I am in F-1 status, I work part time at my school). So when we filed for the tax back in feb, 2015 she had only worked around 6 month. But combining mine and her salary came out to be $27000 which is over poverty line. Since then she has gotten a significant raise and makes around $33000/yr. But this will only show up in next years' tax return. Since my priority date (if everything goes right) is jan 2014 (current cut off is dec 2013) I will have to use last years (2014) tax return. So, my question is since the tax return is a joint tax return how do I show that on the i-864. What are the precautions I need to take being a joint tax return applicant. From what I have learned by scouring the internet, since I am the intending immigrant, I am not required to file another i864 correct? Also can my wife and I show the projected salary (hers is 33000/yr mine is 12000/yr for 2015 ) but we don't have joint tax return to show this amount yet. My wife is an LPR btw.

Edited by Subee9

CIS Office : New York City NY Date Filed : 2015-09-02 NOA Date : 2015-09-04 RFE(s) : None Bio. Appt. : 2015-09-29

EAD Approved Date : 2015-11-04

Share this post


Link to post
Share on other sites

Thank you very much for your reply. I really appreciate it.

I have another question. My wife started working (at the current job) about a year ago and we filed a joint tax return ( I am in F-1 status, I work part time at my school). So when we filed for the tax back in feb, 2015 she had only worked around 6 month. But combining mine and her salary came out to be $27000 which is over poverty line. Since then she has gotten a significant raise and makes around $33000/yr. But this will only show up in next years' tax return. Since my priority date (if everything goes right) is jan 2014 (current cut off is dec 2013) I will have to use last years (2014) tax return. So, my question is since the tax return is a joint tax return how do I show that on the i-864. What are the precautions I need to take being a joint tax return applicant. From what I have learned by scouring the internet, since I am the intending immigrant, I am not required to file another i864 correct? Also can my wife and I show the projected salary (hers is 33000/yr mine is 12000/yr for 2015 ) but we don't have joint tax return to show this amount yet. My wife is an LPR btw.

You answer each question as it asks.

For Part 6 #5 (my current individual annual income), she fills the annual salary of the job she has right now. In Part 6 #6 (Person 1), she fills your information and your current income, i.e. the annual salary of the job you have right now. #5 and #6c are added together to Part 6 #10 which is current annual household income. This is the number that has to exceed 125% of poverty level. You attach employer letters (if possible) and pay stubs to prove each of your respective current incomes. Since you are the intending immigrant, you do not need to fill out an I-864A; she checks Part 6 #12 (the person listed doesn't have to complete I-864A because he is the intending immigrant).

For Part 6 #13, she fills in the "total income" line from her tax returns from those years (no matter how she filled her tax return). And she also attaches her tax return documents or tax return transcript from the most recent year.

Share this post


Link to post
Share on other sites

Okay let me put my question one more time but in more detail.

I (husband) am a beneficiary. My wife is an LPR (a petitioner). My wife started working (at the current job) about a year ago and we filed a joint tax return ( I am in F-1 status, I work part time at my school). So when we filed for the tax back in feb, 2015 she had only worked around 6 months. But combining mine and her salary came out to be $27786.69 ($14243 wife and $13,543.69 Mine) which is over poverty line. Since then (in april, 2015) she has gotten a significant raise and makes around $33000/yr. But this will only show up in next years' (2015) tax return. So my question is should she still put $14243 (from our 2014 tax return) or put $33,000 (since the raise was given in 2015 we haven't filed any tax return so the only way to prove her new salary is to get a letter from her employer and recent pay stubs right?) in section 5, part 6 ?
Since my priority date is jan 2014 (current cut off is dec 2013) I will have to use last years (2014) tax return. So, my question is since the tax return is a joint tax return should I just put our individual salaries from W4 forms add it and write the total (which is $27786.69) in the section 10 part 6 (this number will be same as total income form line 22 of 1040 form) or should I put $46,543.69 [$33,000 (wife) + 13,543.69 (mine)] .

From what I have learned by scouring the internet, since I am the intending immigrant and a husband of a petitioner who is showing his income to satisfy the poverty line requirement, I am not required to file another i864 or 1864A. Is this correct?

I feel like I should just put the amount in tax return as it is clearly over the poverty limit ($27000) and not take chance with $33,000 (wife) + 13,543 (mine) = 46,543.

Sorry about lengthy questions. Thank you in advance. And please consult the attached file for more information.

Click the link to open the attachment http://postimg.org/image/s3qne5e71/


CIS Office : New York City NY Date Filed : 2015-09-02 NOA Date : 2015-09-04 RFE(s) : None Bio. Appt. : 2015-09-29

EAD Approved Date : 2015-11-04

Share this post


Link to post
Share on other sites

For Part 6 #13, she fills in the "total income" line from her tax returns from those years (no matter how she filled her tax return). And she also attaches her tax return documents or tax return transcript from the most recent year.

First of all thank you newacct for your prompt response.

She didn't file income tax in 2012 so we only have 2013 and 2014. In 2013 our income was below the poverty line but for 2014 it is above the poverty line. So what should I do about part 6 # 13


CIS Office : New York City NY Date Filed : 2015-09-02 NOA Date : 2015-09-04 RFE(s) : None Bio. Appt. : 2015-09-29

EAD Approved Date : 2015-11-04

Share this post


Link to post
Share on other sites

First of all thank you newacct for your prompt response.

She didn't file income tax in 2012 so we only have 2013 and 2014. In 2013 our income was below the poverty line but for 2014 it is above the poverty line. So what should I do about part 6 # 13

For 2012 put something like "did not file" and as the instructions says, if she did not file because she was not required to file (i.e. her income was below theshold), she needs to attach an explanation. For 2013 and 2014 fill in the exact number it says on the "total income" line from her tax return. This has nothing to do with poverty line.

Share this post


Link to post
Share on other sites

My wife (a petitioner) who is an LPR is sponsoring me (only me, we don't have kids). In the i864 form part 5 where it says, "persons NOT sponsored in this affidavit" : Yourself (i know my wife has to write 1 here) , but where it says " if you are currently married, enter "1" for your spouse," does my wife put "1" for me? because I am the one who she is sponsoring and the title says, "persons NOT sponsored in this affidavit." Furthermore I am already counted under the title "person you are sponsoring in this affidavit: enter the number you entered on line 7 of part 3."

Based on the information you have provided, is there a reason for you guys to file I-864? Because, based on info you have here, it looks like your wife can file I-864EZ. Why file I-864, which way more complex, when you are eligible to file I-864EZ?

Share this post


Link to post
Share on other sites

To show that your wife's income is higher in 2015, you can get an income verification letter from her employer stating her current salary, and combine that with a few pay slips showing that she is actually getting paid that amount.

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.
×