Please help on Question 24, Income and Joint Tax return on I-864!!!

[alyaa1 0]

Hello Everyone,

I am a US citizen and filed for my spouse and recently received interview letter. I was in the process of filling out I-864 and got stuck on question 24.

Scenario is I did not work for last 3 years and currently not working, and using my uncle as a joint sponsor. I am having difficulty filling out I-864 of both mine and my uncle's. Just to let you know that me and my uncle do not live in the same house and have different addresses.

For my I-864, who's name should I put under question 24 b? Should I put my uncle's name in there or should I leave that section blank? I do not have anyone as dependent nor I am using any of my household members income. The only person's income I am using is my uncle who is living at a different location.

My uncle filed joint tax return and we are not sure what figure to use in question 23 on his I-864 form. Do we use income from 1040 or income from his K1? Also, do we need to provide my uncle's wife's name under question 24 b even though we are filling out I-864A? and if we do, do I need to show her income from her W2 form?

Please help me as this for is the most confusing form I ever encountered in my life. Please help!!! Thanks in advance.

Edited April 17, 2010 by alyaa1

[victorious 0]

Yes, leave the 24b blank. In my case we used the 1040. Yes you need to include her name and also her W2's.

[sachinky 464]

I'm curious about this--what line shows the total income on the K-1 schedule?

[trailmix 77]

I'm curious about this--what line shows the total income on the K-1 schedule?

K1 schedule?

Not sure I know what you mean.

Oh I see what you are referring to now, I think he meant W2.

Edited April 17, 2010 by trailmix

[trailmix 77]

Yes, leave the 24b blank. In my case we used the 1040. Yes you need to include her name and also her W2's.

Actually this may be consulate specific, I don't know, but this is not technically what they require.

The correct procedure, when a sponsor has filed a joint return, is to send in or present the slips for the sponsor (not the sponsor's spouse/joint filer).

The instructions read that you must prove the individual income of the sponsor, therefore sending in the Uncle's W2s (and any other slips he had) along with his tax return or tax transcript, should suffice.

If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsors own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099.

From the Adjudicator's Field Manual - Enforceable Affidavits of Support

Edited April 17, 2010 by trailmix