I-864 questions

[thermophile 0]

I'm sending in the I864 fee Monday, but am worried about the 125% income. As I understand we can't use my husband's income, correct. We have filed joint US income tax returns since 2003, does that change anything? Last year I was in the middle of immigrating to Canada and only was able to get part time contracts, so only made $8500. Other than last year, I've made above the 125% since 2001 and will be above again this year. I'm in grad school and my job is an assistanceship, I have an official letter from the university guaranteeing my assistanceship for the next 3 years. Can any of that be used to show that I actually will be able to support him? Or do we just have to wait to send in the I864 until I get this year's W2? We don't really have anyone that we could ask to joint sponsor with me.

thanks k

[meauxna 15]

I'm sending in the I864 fee Monday, but am worried about the 125% income. As I understand we can't use my husband's income, correct. We have filed joint US income tax returns since 2003, does that change anything? Last year I was in the middle of immigrating to Canada and only was able to get part time contracts, so only made $8500. Other than last year, I've made above the 125% since 2001 and will be above again this year. I'm in grad school and my job is an assistanceship, I have an official letter from the university guaranteeing my assistanceship for the next 3 years. Can any of that be used to show that I actually will be able to support him? Or do we just have to wait to send in the I864 until I get this year's W2? We don't really have anyone that we could ask to joint sponsor with me.

thanks k

Your foreign husband's income is outside of the US and won't continue in the US? Then it can not be counted.

Your current income is sufficient? That is the main factor. If your most recent year's income is not a true reflection of your regular earning pattern, your past returns can be submitted to show you *are* a sufficient earner. You may include an explanation of last year if you like.

Your school documents *can* be included to show the strength of your current situation.

AFAIK, the new I-864 guidelines stipulate that an IRS-generated tax transcript precludes the need for the physical W-2. And no, you don't need to wait til Jan07 to get '06 W-2s.

[thermophile 0]

Your foreign husband's income is outside of the US and won't continue in the US? Then it can not be counted.

Your current income is sufficient? That is the main factor. If your most recent year's income is not a true reflection of your regular earning pattern, your past returns can be submitted to show you *are* a sufficient earner. You may include an explanation of last year if you like.

Your school documents *can* be included to show the strength of your current situation.

AFAIK, the new I-864 guidelines stipulate that an IRS-generated tax transcript precludes the need for the physical W-2. And no, you don't need to wait til Jan07 to get '06 W-2s.

thanks for the info. I didn't know that I could get my w2 early, or did you mean that I can request a tax transcript partway through the year?

[meauxna 15]

thanks for the info. I didn't know that I could get my w2 early, or did you mean that I can request a tax transcript partway through the year?

No, I meant that you do not need to wait to submit I-864 until you have proof of this entire calendar year's earnings---you can use other evidence for your current income.

[thermophile 0]

oh, that's good. thanks