i-864

[rawful 0]

Hi, I'm filling out i-864 form now to sponsor my wife. But I 've problem with question no. 23 on the form. I don't know what should I put there, my most recent years income that I filed tax return for or my expected income of this year. And also in question no. 25, I only filled tax return for one year. Should I check the box? Need help as soon as possible. Thanx in advance. Please wish me luck.

[jennie ann 15]

Hi, I'm filling out i-864 form now to sponsor my wife. But I 've problem with question no. 23 on the form. I don't know what should I put there, my most recent years income that I filed tax return for or my expected income of this year. And also in question no. 25, I only filled tax return for one year. Should I check the box? Need help as soon as possible. Thanx in advance. Please wish me luck.

For #23, you would put down your expected income for this year (if you do not earn a set yearly salary, you can estimate this based on your weekly/hourly pay). You should also include pay stubs from the past 6 months as evidence of your income.

For #25, I'm actually not sure if you should check the box, as you didn't file for all three years. Hopefully someone else can help you with this. You need to explain why you only filed your taxes for last year. The instructions are very detailed about what to do if you didn't file for all three most recent tax years:

"If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it."

I hope that helps and that someone else can give you more advice on #25. Good luck!

[pushbrk 12,975]

For #23, you would put down your expected income for this year (if you do not earn a set yearly salary, you can estimate this based on your weekly/hourly pay). You should also include pay stubs from the past 6 months as evidence of your income.

WHOA! Putting down your expected income for this year may well be correct in some situations but not as a general rule. The question is about current income. If you started your job in April at a salary of $60k, your current income is $60k even if you would only make $45k this year. Similarly, if you got a raise from $55k to $60k in September, your current income is $60k.

The correct answer to 23 is more likely to be 12 times what you made last month or 52 times what you made last week than it is what you expect to make this year. (Unless it's February, in which the numbers may well be the same.)

In the OP's case, check neither box because neither would be true. Attach an explanation.

Edited December 3, 2010 by pushbrk

[jennie ann 15]

WHOA! Putting down your expected income for this year may well be correct in some situations but not as a general rule. The question is about current income. If you started your job in April at a salary of $60k, your current income is $60k even if you would only make $45k this year. Similarly, if you got a raise from $55k to $60k in September, your current income is $60k.

The correct answer to 23 is more likely to be 12 times what you made last month or 52 times what you made last week than it is what you expect to make this year. (Unless it's February, in which the numbers may well be the same.)

In the OP's case, check neither box because neither would be true. Attach an explanation.

Oh yes, sorry, that's much more clear (I didn't explain it very well). I said expected income for this year because of this line from the instructions:

"You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income."

...but that doesn't tell the whole story. Thanks for clarifying, pushbrk.

[Wayne and Claudia 40]

WHOA! Putting down your expected income for this year may well be correct in some situations but not as a general rule. The question is about current income. If you started your job in April at a salary of $60k, your current income is $60k even if you would only make $45k this year. Similarly, if you got a raise from $55k to $60k in September, your current income is $60k.

The correct answer to 23 is more likely to be 12 times what you made last month or 52 times what you made last week than it is what you expect to make this year. (Unless it's February, in which the numbers may well be the same.)

In the OP's case, check neither box because neither would be true. Attach an explanation.

[pushbrk 12,975]

Oh yes, sorry, that's much more clear (I didn't explain it very well). I said expected income for this year because of this line from the instructions:

"You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income."

...but that doesn't tell the whole story. Thanks for clarifying, pushbrk.

Context is critical. It's very common for an employed person to state a current income that is quite different from the last tax year shown. In that case, you want to support that claim with pay stubs or an employer letter. Although the I-864 instructions are some of the best out there, even using the full sentence above can be misleading because the answer they're looking for is not your current year income it is an how much your income would be at your current wage for the 12 months following the date you sign the affidavit, not for the "current year".

[rawful 0]

Thank you guys, thanks a lot. These are very helpful, so great of you guys. By the way, for no. 25, I have been in USA from 2009, So I just needed to file tax return for 2009 only. Do I still need to write down an explanation? am I even eligible to petition for my wife? I'm a green card holder. And the NVC said they only need last years tax return documents. Thanks again.

[pushbrk 12,975]

Thank you guys, thanks a lot. These are very helpful, so great of you guys. By the way, for no. 25, I have been in USA from 2009, So I just needed to file tax return for 2009 only. Do I still need to write down an explanation? am I even eligible to petition for my wife? I'm a green card holder. And the NVC said they only need last years tax return documents. Thanks again.

If NVC requests an affidavit of support, then your spouse is eligible for a visa. First you file a petition. NVC won't ask you for anything until a visa is available.

[Skye_Cohen 1]

just for clarification: if the filer submits an i864 and has sufficient income for the current year but did not file taxes for the previous two years because they were not required to as their income was small enough. would they still be able to sponsor the foreign spouse or would they need to find a co-sponsor?

[Skye_Cohen 1]

oops! too late to edit the first post, i will edit in red below:

just for clarification: if the filer submits an i864 and has sufficient income for the current year but did not file taxes for the previous two years because they were not required to as their income was small enough, or they filed but the income did not meet the 125% of poverty threshold. would they still be able to sponsor the foreign spouse or would they need to find a co-sponsor?

[art646 3]

WHOA! Putting down your expected income for this year may well be correct in some situations but not as a general rule. The question is about current income. If you started your job in April at a salary of $60k, your current income is $60k even if you would only make $45k this year. Similarly, if you got a raise from $55k to $60k in September, your current income is $60k.

The correct answer to 23 is more likely to be 12 times what you made last month or 52 times what you made last week than it is what you expect to make this year. (Unless it's February, in which the numbers may well be the same.)

In the OP's case, check neither box because neither would be true. Attach an explanation.

Please I need help too :

What do they mean in question 25: as reported on my federal tax returns? Where do I get this number from, which form, line? Also,

because I forgot to include one of my W2's from my old job, 2008 tax transcript shows minus 16k.

Please advice.

Thanks!

Edited December 4, 2010 by art646

[pushbrk 12,975]

Please I need help too :

What do they mean in question 25: as reported on my federal tax returns? Where do I get this number from, which form, line? Also,

because I forgot to include one of my W2's from my old job, 2008 tax transcript shows minus 16k.

Please advice.

Thanks!

Line 22 on the 1040 form or adjusted gross income on the 1040EZ.

[rawful 0]

If NVC requests an affidavit of support, then your spouse is eligible for a visa. First you file a petition. NVC won't ask you for anything until a visa is available.

Ya I filed, and NVC is now asking me for an affidavit of support. But someone told me that I will need to file tax returns for 3 years at least to be able to sponsor my spouse. Is that correct? Or 1 year is enough if it is over 125%?

[art646 3]

Line 22 on the 1040 form or adjusted gross income on the 1040EZ.

Thanks!

Sorry, I forgot to finish my question about 2008 tax transcript. On my 2008 tax return I forgot to

include one W2 from old place I worked at and later I payed IRS the difference. Now on my 2008 tax

transcript I have 16k less of what I actually earned that year. Now I don't know what to do, should

I still send in 2008 tax transcript? Is there any way of getting copy of return with amendments made to it?

I appreciate your help!!

Thanks!

[pushbrk 12,975]

Ya I filed, and NVC is now asking me for an affidavit of support. But someone told me that I will need to file tax returns for 3 years at least to be able to sponsor my spouse. Is that correct? Or 1 year is enough if it is over 125%?

You can qualify based on even a partial year of qualifying income but if you'll look at the actual affidavit and read the instructions that come with it, you'll see that it asks for three years of income from three years of tax returns. So, if you didn't file those returns, either file them or attach a letter explaining why you were NOT REQUIRED to file. If you WERE required to file, you'll need to file them.

Qualifying and properly filling out the form are separate issues. Both must be accomplished.

Edited December 5, 2010 by pushbrk