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nica

I-864... 2010 or 2011?

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For tax year 2011, I'm intending to file a joint return with my husband, since we got married in June. However, since he doesn't have a social security number yet, we'll have to file for an ITIN, which could take a while. I'm not sure we'll have it all ready in time to submit the I-864 (assuming we get NOA2 soon).

The wording of question 25 on the I-864 asks for "my total income as reported on my Federal tax returns for the most recent three years". I take that to mean last three years in which I have already submitted my tax returns... so not 2011 (my most recent tax year)?

The reason I ask is because I was a student in 2008, and so if I don't include 2011, then my earnings are roughly:

2010 - 29,000

2009 - 17,000

2008 - 7,000

Which (I assume) doesn't look good, since my income isn't remotely consistent (well, except that it's consistently increasing). In 2011, I earned about 38,000 because of a series of raises. Can I include 2011, or no? What should I do?

(I should note that our household size will be 2)

Edited by nica

USCIS (221 days)
07-13-2011 -- I-130 sent
07-15-2011 -- I-130 NOA1 received in the mail
02-21-2012 -- I-130 NOA2 approved

NVC (26 days)
02-24-2012 -- NVC receives application
03-21-2012 -- Case completed at NVC

Consulate (50 days)
04-05-2012 -- Interview date assigned
05-01-2012 -- Medical
05-21-2012 -- Interview - Approved
05-25-2012 -- Received visa

06-03-2012 -- POE!

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For tax year 2011, I'm intending to file a joint return with my husband, since we got married in June. However, since he doesn't have a social security number yet, we'll have to file for an ITIN, which could take a while. I'm not sure we'll have it all ready in time to submit the I-864 (assuming we get NOA2 soon).

The wording of question 25 on the I-864 asks for "my total income as reported on my Federal tax returns for the most recent three years". I take that to mean last three years in which I have already submitted my tax returns... so not 2011 (my most recent tax year)?

The reason I ask is because I was a student in 2008, and so if I don't include 2011, then my earnings are roughly:

2010 - 29,000

2009 - 17,000

2008 - 7,000

Which (I assume) doesn't look good, since my income isn't remotely consistent (well, except that it's consistently increasing). In 2011, I earned about 38,000 because of a series of raises. Can I include 2011, or no? What should I do?

(I should note that our household size will be 2)

On the I-864, I would just state 2008-2010 incomes (unless you get 2011 taxes filed and received your refund by then).

And don't worry about the low numbers. When I was at NVC last February, my husband hadn't filed his taxes at that time and his last three years were very low as well:

2007 - $5400

2008 - $10,000

2009 - $20,000

His numbers were lower than yours and we got approved with ZERO issues.

Then for the interview, I brought his 2011 tax transcript (which was for $40,000) as he had filed in March and my interview was in May.

Remember, NVC really only looks at the most recent tax year (2010 in your case) as well as the current year (2011), and for a household size of 2, you're well over the poverty line, so you should be approved, no problem :)

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On the I-864, I would just state 2008-2010 incomes (unless you get 2011 taxes filed and received your refund by then).

And don't worry about the low numbers. When I was at NVC last February, my husband hadn't filed his taxes at that time and his last three years were very low as well:

2007 - $5400

2008 - $10,000

2009 - $20,000

His numbers were lower than yours and we got approved with ZERO issues.

Then for the interview, I brought his 2011 tax transcript (which was for $40,000) as he had filed in March and my interview was in May.

Remember, NVC really only looks at the most recent tax year (2010 in your case) as well as the current year (2011), and for a household size of 2, you're well over the poverty line, so you should be approved, no problem :)

Yay! Thank you. You've really put my mind at ease :)

USCIS (221 days)
07-13-2011 -- I-130 sent
07-15-2011 -- I-130 NOA1 received in the mail
02-21-2012 -- I-130 NOA2 approved

NVC (26 days)
02-24-2012 -- NVC receives application
03-21-2012 -- Case completed at NVC

Consulate (50 days)
04-05-2012 -- Interview date assigned
05-01-2012 -- Medical
05-21-2012 -- Interview - Approved
05-25-2012 -- Received visa

06-03-2012 -- POE!

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