I-864 the most confusing form ever, please help

[HMB45 0]

I am on H1b visa working here in the states, got married to USC. We filled I130 and I-485. finger prints done. The sent us a letter to submit I-864 form. My wife never worked, never submitted a tax return before (she is housewife), however I do work, my income is about $50.000 and I have filled tax for the last three years. The questions are:

1) how should we fill out I-864?

2)is she illegible to be my sponsor (she filed I-130 for me)?

3) Can i be the sponsor?

Please help, thanks

[Eric-Pris 1,607]

I am on H1b visa working here in the states, got married to USC. We filled I130 and I-485. finger prints done. The sent us a letter to submit I-864 form. My wife never worked, never submitted a tax return before (she is housewife), however I do work, my income is about $50.000 and I have filled tax for the last three years. The questions are:

1) how should we fill out I-864?

2)is she illegible to be my sponsor (she filed I-130 for me)?

3) Can i be the sponsor?

Please help, thanks

1) she will be the principle sponsor (even though she can't support you), but you will need a joint sponsor. she will still have to fill out an i-864 too, even if she has no income

2) the person that files the I-130 has to be the main sponsor. if their income is not enough, they need a joint sponsor.

3) you CAN'T sponsor yourself, that would defeat the whole purpose

[Mint518 0]

I am on H1b visa working here in the states, got married to USC. We filled I130 and I-485. finger prints done. The sent us a letter to submit I-864 form. My wife never worked, never submitted a tax return before (she is housewife), however I do work, my income is about $50.000 and I have filled tax for the last three years. The questions are:

1) how should we fill out I-864?

2)is she illegible to be my sponsor (she filed I-130 for me)?

3) Can i be the sponsor?

Please help, thanks

Following is an excerpt from the instruction to I-864:

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.

So, you can use your income to help your wife's income requirement. I think the most common method to prove "the income of intending immigrant will continue from the same source after he or she obtains lawful permanent resident status" is to submit the letter from current employer stating the intending immigrant is a full-time worker (as opposed to part-time or temporary worker).

Regarding your questions,

a) following are my suggestions

• Line 22 -- check "d" and write down "I have never worked before" in the space she is supposed to provide the date her unemplyment started.
• Line 23 and 24a -- put "0.00"
• Line 24b and 24c -- put your name, "husband" and your curret annual salary
• Line 24d and 24e -- choose eitehr d or e which will be applicable to you (unless you have children immigrating with you, you should choose 24e and no need to fill out I-864A)
• Line 25 -- do not check either box, and put hand-written comment something like "I did not file federal tax return for the last three years. Please see written explanation attached to this form." (and prepare and attach explanation she did not file tax return because she did not have income for the relevant periods, etc.)
• Line 25 - -For the lines for tax years and income, I think you can do either (i) leave blank (as your wife did not report any income on tax return (i.e., not filed tax return) or (ii) put the income information of you (foreign spouse) and write hand-written comment explaining those figures are tax information of intending immigrant.

b) No. She needs to be your sponsor and fill out I-130 and sign.

c) No, unless you have earned 40 qualifying quarters (credits) of work in the United States, you need a sponsor.

Edited February 8, 2009 by Mint518

[Dakine 26]

I am on H1b visa working here in the states, got married to USC. We filled I130 and I-485. finger prints done. The sent us a letter to submit I-864 form. My wife never worked, never submitted a tax return before (she is housewife), however I do work, my income is about $50.000 and I have filled tax for the last three years. The questions are:

1) how should we fill out I-864?

2)is she illegible to be my sponsor (she filed I-130 for me)?

3) Can i be the sponsor?

Please help, thanks

Following is an excerpt from the instruction to I-864:

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.

So, you can use your income to help your wife's income requirement. I think the most common method to prove "the income of intending immigrant will continue from the same source after he or she obtains lawful permanent resident status" is to submit the letter from current employer stating the intending immigrant is a full-time worker (as opposed to part-time or temporary worker).

Regarding your questions,

a) following are my suggestions

• Line 22 -- check "d" and write down "I have never worked before" in the space she is supposed to provide the date her unemplyment started.
• Line 23 and 24a -- put "0.00"
• Line 24b and 24c -- put your name, "husband" and your curret annual salary
• Line 24d and 24e -- choose eitehr d or e which will be applicable to you (unless you have children immigrating with you, you should choose 24e and no need to fill out I-864A)
• Line 25 -- do not check either box, and put hand-written comment something like "I did not file federal tax return for the last three years. Please see written explanation attached to this form." (and prepare and attach explanation she did not file tax return because she did not have income for the relevant periods, etc.)
• Line 25 - -For the lines for tax years and income, I think you can do either (i) leave blank (as your wife did not report any income on tax return (i.e., not filed tax return) or (ii) put the income information of you (foreign spouse) and write hand-written comment explaining those figures are tax information of intending immigrant.

B) Yes, she needs to fill out I-130 and sign.

c) No, unless you have earned 40 qualifying quarters (credits) of work in the United States, you need a sponsor.

From theI-864A

How Can the Intending Immigrant

Be Considered a Household Member?

The intending immigrant has the same principal residence

as the sponsor and the intending immigrant can establish

that his or her income will continue from the same source,

even after acquisition of permanent residence.

The intending immigrant is the sponsor's spouse and the

intending immigrant can show that his or her income will

continue from the same source after acquisition of

permanent residence.

Listed below are two ways that the intending immigrant may

be considered to be a household member for the purposes of

pooling income with the sponsor to meet the Affidavit of

Support requirements:

A household member completes this form if the household

member's income and/or assets will be used to demonstrate

the sponsor's ability to meet the income requirements and to

maintain the sponsored immigrant at an annual income at the

level specified in section 213A(f)(1)(E) or 213A(f)(3) of the

Act.

[HMB45 0]

Thank you all guys...That was very helpful. God bless.

[bassagitator 1]

And your wife can file taxes as a joint return, she needs to get an ITIN number, and she doesn't need to be a "legal" resident.