I-864 IRS Return Question?

[KayDeeCee 4,891]

where are you getting this 3 year history requirement from? even the form says its optional and that u are required to submit return transcripts only if u were required to file. otherwise u can submit a letter saying why u were not required to file. from many places on the internet including attorney answers from some sites, its perfectly valid to count intending immigrants income and use that to prove current income, which is what is compared against poverty line. not the past income. just current is compared as long as there is evidence of continued income which i have the letter for.

also it seems that the answer to my question is that we write combined income on the latest since it was a joint return and they want the AGI exactly as appeared on the 1040. they will use the w2 to figure out where the income came from and whether it was legal, which in my case it is because h-1b status.

Yes. The spouse's income and assets can be added to reach the 125% level. Including the W-2s with the joint return transcript is the easiest way to prove who made what exactly. Only one year is required. You are correct. Sending all 3 transcripts is optional, and is suggested if it will help prove income and your ability to sponsor. If she did not file the other previous 2 years, then she should write a statement as to why she was not legally required to file those years.

[KayDeeCee 4,891]

Most recent three years are 2011, 2010 & 2009. However, as the 2011 tax year hasn't closed as yet you may use 2010 as the most recent if submitted prior to April 17 - last day to file taxes- if it is unfiled. If the sponsor did not file taxes in any of these years, put the year and zero in amount. Do not skip years. It means that a joint or household sponsor is needed and that individual MUST have filed the last three years of taxes. No zero income can be reported for that individual.

This is confusing and not correct. Someone could have been unemployed or a student that did not make enough and not been legally required to file taxes in the previous years. They can write a statement attesting as to why they were not legally obligated to file taxes those years. They could now be employed and making enough to sponsor their spouse, and have their most recent tax transcript, letter from employer and pay stubs to prove it. They would not need a joint sponsor just because they did not file the previous 2 years. The joint sponsor would not have HAD to file the last 3 years either, if they were not legally required to. So long as they have enough income and/or assets to sponsor their household size plus the intending immigrant.

[KayDeeCee 4,891]

I know your wife is the principal sponsor; however she needs a co-sponsor who has filed the last 3 years of taxes because she had no income for two years. You cannot use your income, because it would mean that you are her co-sponsor for those years -prior to your marriage- and while you are allowed to use your current income for the past six months, you cannot use income prior to marriage; only citizens and legal residents are allowed that privilege. Even though you had legal income and filed taxes for those years, you are unqualified because, in essence, you cannot use that as household income -you were not a PR. Your income can only be used from present to future.

Oh boy.. where in the I-864 instructions does it state only income and assets from a spouse that is a USC or LPR can be counted because they are the only ones with that 'privilege'?

This thread is full of wrong info, and I hope no one else read, believed and followed it.

A spouse's income can be counted, and they do not need to be a USC or LPR. They are filing for AOS and are the INTENDING immigrant, so of course they are neither of those yet.

From the actual I-864 instructions:

"Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident."

If they are already in the country, married and working legally, then it stands to reason their income will continue from the same source where they currently work in the US already.

[aayitrun 66]

thank you sir. she has attached written explanation that she was not required to file. and we are sending in the joint one for 2011 as well as three previous years for me, just in case anyone has any doubts about the income. furthermore we are sending in irs documentation that no return was filed for her which will prove that there is no hidden information that we are trying to hide.

i believe what karen is saying is with regards to k1 cases where the intending immigrant cannot really bring their job over to the us. people can be mistaken. it happens. im sure the intentions were right.

[KayDeeCee 4,891]

thank you sir. she has attached written explanation that she was not required to file. and we are sending in the joint one for 2011 as well as three previous years for me, just in case anyone has any doubts about the income. furthermore we are sending in irs documentation that no return was filed for her which will prove that there is no hidden information that we are trying to hide.

i believe what karen is saying is with regards to k1 cases where the intending immigrant cannot really bring their job over to the us. people can be mistaken. it happens. im sure the intentions were right.

Not a sir, but you are welcome all the same.

Good luck to you and your wife.

Yes, people can be mistaken, but it is important to get the correct information out on these forums for present and future readers. In K-1 cases the income would typically not continue since they cannot work right away, but, for example, they might be receiving a pension that will continue even if they move to the US and marry. It can be added to the USC spouse's income as well as their assets, so long as they meet the requirements of being able to be converted into cash within a year without hardship or financial loss.