I-864EZ

[Brightstar 0]

Hi guys,

I am getting ready to send in my AOS in Jan 2009. Regarding I-864EZ form, when they ask for "the current annual income," Can I use use income from year 2008 and not 2009?? FYI, we use year 2007, 2006, and 2005 for the most recent tax years.

Even though, we will have my sponsor' W-2 for year 2008, we won't be file year 2008 taxes by the time I send in my documents, Can I include W-2 from 2008 with the document to prove his income for that year??

Thank you in advance!!

Edited December 29, 2008 by Brightstar

[pushbrk 12,115]

Hi guys,

I am getting ready to send in my AOS in Jan 2009. Regarding I-864EZ form, when they ask for "the current annual income," Can I use use income from year 2008 and not 2009?? FYI, we use year 2007, 2006, and 2005 for the most recent tax years.

Even though, we will have my sponsor' W-2 for year 2008, we won't be file year 2008 taxes by the time I send in my documents, Can I include W-2 from 2008 with the document to prove his income for that year??

Thank you in advance!!

If you're completing the I-864 in January or February, sure. Take the 2008 return or transcript to the interview just in case.

[Brightstar 0]

Thanks! Should I also include w2 from year 2008 to prove the annual income just in case?

[Dakine 26]

A friend filed in January 2008 a got a RFE for not filing 2007. If you have the 2008 returns and W2s submit them.

Edited December 30, 2008 by Haole

[Nich-Nick 3,353]

My interpretation of "current annual income" is what the person is making at the time of signing the form. If he's gotten a pay increase or different job since the last tax return (end of 2007), then it would be more. For additional evidence he could send most recent pay stubs or a letter from an employer to back up that figure. So current monthly paycheck x 12 is what I would put.

As stated above, by the time of the interview, 2008 tax forms will be done, and those could be taken to further back up the income.

I have read US memos that say the tax returns and poverty level that must be considered by the adjudicator are the ones in effect the day the I-864 was signed, even if new poverty levels or tax filings have happened since.

Don't forget to submit something showing your co-sponsor is a US citizen...photocopy of his birth certificate or biographical page from passport.

[Brightstar 0]

What if he doesn't have a tax return from 2008 by the time we sent it in then? We will only have his w2.

[Nich-Nick 3,353]

What if he doesn't have a tax return from 2008 by the time we sent it in then? We will only have his w2.

If you mail today, for example, the "most recent tax return" is 2007. If you mail after April 15, 2009 the "most recent tax return" is 2008. So continuing on what I said above, if you mail AOS before April 15, the tax return and W2s that are supposed to be considered are 2007 ones. Also the poverty levels in effect today can be different in 2009 meaning more income required. But those aren't published until around March (I think). So if you file AOS before those are published, you go by the ones in effect the date you signed the I-864. They are supposed to judge you by what was current the day you sign the form, no matter if the poverty level changes by the time you interview.

And say you don't interview until next May...it wouldn't hurt to take copies of the 2008 tax return and W2s to show them, since by then he would have filed his year 2008 taxes. But you don't have to send anything 2008 if you are doing AOS now or before April 15.

If I can find the USCIS reference where I got this info, I will post it.