I-864 not tipical question

[aga83 0]

hi all,

i have last question about filling I-864 form.

my husband got laid off recently so i needed a joint sponsor which is my best friend. i asked her for all W2 AND 1040A forms and i stucked. i put her income from W2 in line 23 and 24 but in line 25 i dont know what to put because she is married and she is doing her taxes with her husband so the total amount is higher than on her W2 form. her income is enough so we didnt have to put her husbands income on line 24 b to meet the poverty guidelines.

has anyone been in situation like this??? i tried to read carefully the instructions but there is nothing about this,

please help!!!

thank you and Merry Christmass,

Aga&Wellford

[christeen 966]

If your co-sponsors INDIVIDUAL income is enough, "only the one joint sponsor is needed even if they file taxes jointly. The tax return with W2 forms will indicate which income belongs to the sponsor. In this case, add up the W2 income for the one person rather than using line 22 of the 1040 which would show joint income."

If the joint sponsors spouses income is being included on the I864, then a I864A is most definitely required. But keep in mind, Lately, a few consulates have been asking for the I864A to ensure that the spouse of the joint sponsor is aware of the commitment made. So, if you're at all nervous, it'd be best to try and get a I864A from your co-sponsors wife.

[aga83 0]

i dont want to add together her ans his income, they are already in the middle of divorce so i dont want to cause more trouble. her income is enough, is way over $40 000 but they had joint tax return in 2008. so if i put only her income in line 23 and 24, the amount in 25 will be different. can it be that way??

[Nich-Nick 3,353]

They don't have to match.

Line 23 is stating her own income of what she is making right now (times 12 to get a yearly figure.) Her income doesn't even have to match her W2. Maybe she got $2000/month in 2008 and her W2 said $24,000. BUT she got a raise to $3000/month in September 2009. Her current income is her new salary $3000 x 12 months or $36,000 a year. She states her current income for line 23 and 24. She can include pay stubs to show that is her income, and it's higher than her W2 from 2008 tax year.

Line 25 doesn't have to match. It just tells what her 2008 income tax return said. If they look at the return, they can see it was a joint return so that's why it was higher. My line 23/24 (current income) didn't match my line 25 (last tax return). There was over $37,000 difference in the two lines, but USCIS didn't question it or send an RFE.

Don't over-think it. Just answer the questions:

What does she make right now?

What did her last (or last 3) tax returns say?

They can figure it out.

Edited December 24, 2009 by Nich-Nick