Help with I-864

[bsd058 296]

Any help would be appreciated:

Firstly,

For Item 10 under Part 3 of the I-864 it states: "Enter the total number of immigrants you are sponsoring on this form from Part 3, Items 8 and 9."

Item 8 shows that my spouse is sponsoring the principle applicant in Part 2 (me) and so I put "1" on the form in order to be as accurate as possible.

Then when I get down to Part 5, and they ask me in Item 21a to enter the number I entered on line/item 10. Item 21b automatically has "1" since it includes the sponsor only, and Item 21c states to enter "1" if the sponsor is married.

Finally Item 21h states to add up the lines together and this will give the household size. Since I entered "1" on Item 21a, "1" on Item 21b, and "1" on Item 21c, my household size is "3."

This doesn't make any sense, though, since my wife and I are the only ones in the household. I'm trying to figure out if Item 10 should be left at "0" and why?

Secondly,

Under Item 25 it states:

"I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year."

I know my spouse didn't make anything in 2010 and was not required to file a tax return that year. Therefore we didn't file one for that year. Am I still able to check off this box without committing fraud or material misrepresentation?

I have transcripts from 2009, 2010, and 2011. It's just that 2010 states she didn't file. This is because it wasn't necessary.

Thank you.

Edited November 1, 2012 by bsd058

[CanLee 5]

. . . and Item 21c states to enter "1" if the sponsor is married.

It is not worded the best but is only populated when married and sponsoring kids or relatives, not the spouse. Leave 21 as 0 in your case.

Finally Item 21h states to add up the lines together and this will give the household size. Since I entered "1" on Item 21a, "1" on Item 21b, and "1" on Item 21c, my household size is "3."

This doesn't make any sense, though, since my wife and I are the only ones in the household. I'm trying to figure out if Item 10 should be left at "0" and why?

Line 10 should be one. You have it correct. Line 21c = 0, Line 21h = 2.

Secondly,

Under Item 25 it states:

"I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year."

I know my spouse didn't make anything in 2010 and was not required to file a tax return that year. Therefore we didn't file one for that year. Am I still able to check off this box without committing fraud or material misrepresentation?

I have transcripts from 2009, 2010, and 2011. It's just that 2010 states she didn't file. This is because it wasn't necessary.

Thank you.

If I were in your position I would not check the box but add an attachment identifying it as a Line 25 addendum, indicating your situation such as "Filed in 2011 and 2009. No income in 2010 and did not file. 2011 transcript attached, 2009 transcript available."

[bsd058 296]

It is not worded the best but is only populated when married and sponsoring kids or relatives, not the spouse. Leave 21 as 0 in your case.

Line 10 should be one. You have it correct. Line 21c = 0, Line 21h = 2.

If I were in your position I would not check the box but add an attachment identifying it as a Line 25 addendum, indicating your situation such as "Filed in 2011 and 2009. No income in 2010 and did not file. 2011 transcript attached, 2009 transcript available."

Cool. I didn't see "Persons NOT sponsored in this affidavit." lol. Thanks

That sounds reasonable. I'll attach an addendum and not mark that she filed.

Thank you, again.

[VanessaTony 3,567]

Item 10 says "do not count anyone twice". Adding her as the spouse would count her twice.

Don't forget to include an explanation of why she didn't file or 2010.

Edited November 1, 2012 by Vanessa&Tony