Affidavit of Support (i-864) tax returns question

[Apprehensive89 0]

Hello,

I'm working on gathering the papers needed to file for my adjustment of status. And I'm wondering if I would need to submit tax information for the year 2013 or would ones for the years 2012, 2011, 2010 suffice?

As well, my husband's parents are going to be the joint sponsors. Is it enough that they fill our the i-864 and i-864a forms or does my husband have to fill out an i-864 form as well even if his income isn't used?

Thanks so much for any clarification!

Edited April 17, 2013 by Apprehensive89

[Nich-Nick 3,354]

Hello,

I'm working on gathering the papers needed to file for my adjustment of status. And I'm wondering if I would need to submit tax information for the year 2013 or would ones for the years 2012, 2011, 2010 suffice?

As well, my husband's parents are going to be the joint sponsors. Is it enough that they fill our the i-864 and i-864a forms or does my husband have to fill out an i-864 form as well even if his income isn't used?

Thanks so much for any clarification!

There are no 2013 tax returns yet. The tax year ends Dec 31, 2013. Then returns are due by 4-15-2014.

2012, 2011, 2010 information is correct, with only the actual return from 2012 required to be submitted. The other are optional.

Husband must file an I-864 even if he doesn't make enough money. It is explained in the instructions. Page 2

Who Completes and Signs Form I-864?

A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years old and domiciled in the United States, or its territories or possessions (see Step-by- step Instructions for more information on domicile). The petitioning sponsor must sign and complete Form I-864, even if a joint sponsor also submits an I-864 to meet the income requirement. The list below identifies who must become sponsors by completing and signing a Form I-864.

The U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600A for an orphan.

Edited April 17, 2013 by Nich-Nick

[Apprehensive89 0]

There are no 2013 tax returns yet. The tax year ends Dec 31, 2013. Then returns are due by 4-15-2014.

2012, 2011, 2010 information is correct, with only the actual return from 2012 required to be submitted. The other are optional.

Husband must file an I-864 even if he doesn't make enough money. It is explained in the instructions. Page 2

Who Completes and Signs Form I-864?

A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years old and domiciled in the United States, or its territories or possessions (see Step-by- step Instructions for more information on domicile). The petitioning sponsor must sign and complete Form I-864, even if a joint sponsor also submits an I-864 to meet the income requirement. The list below identifies who must become sponsors by completing and signing a Form I-864.

The U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600A for an orphan.

oops, my bad. I meant to say the years 2011, 2012, and 2009.Thanks for the info! I didn't know my husband would have to fill one out as well. What a hassle. :/ I hope his parents have the paperwork for the 2012 tax returns.

Oh and also, if the joint sponsors are his parents and they are part of the same household, is the i-864 even necessary? Because on the i-864 there's a section asking for the income of others in the household....so confused.

Edited April 17, 2013 by Apprehensive89

[Nich-Nick 3,354]

oops, my bad. I meant to say the years 2011, 2012, and 2009.Thanks for the info! I didn't know my husband would have to fill one out as well. What a hassle. :/ I hope his parents have the paperwork for the 2012 tax returns.

Oh and also, if the joint sponsors are his parents and they are part of the same household, is the i-864 even necessary? Because on the i-864 there's a section asking for the income of others in the household....so confused.

I personally think it is a more clean cut way to do it if the person who has no money and doesn't own the home (hubby) doesn't add the homeowners with money to his form. The real purpose of doing that is if nobody qualified on their own. Example if you needed $30,000 and each one made $10,000. Nobody qualifies. But if they were family and shared the same home then it could be done like this--

Hubby does I-864

His income $10k + Mom$10k + Dad $10k = $30,000 household income

Preferred way to me is

* Hubby- I-864 but not enough income

* Dad- I-864 (adding Moms income as his household member)

Mom- I-864A (which is sorta like her permission slip saying it's OK for Dad to use her income on his form)

You need to include proof they are US citizens or permanent residents.

Taxes. When you corrected yourself you said 2009, hahaha You need to take a break. Your brain is getting scrambled.

2012 tax returns were due Monday. If his parents haven't filed, then you might as well wait until they do. If your people don't include a 2012 full tax return with W2s (or 1099s) you will get an RFE. A tax transcript is even better because it is stand alone and doesn't need all the tax forms and W2s. The years reported on the i-864 are 2012, 2011, 2010.

[Mogambi 96]

First, both parties will have to file the I-864. 'Household' would only apply if he was under 18 and still considered a 'part' of the household. But now for tax purposes, if he's over 18, he's not part of the household anymore, he's his own entity.

Second, are you saying he has NO income whatsoever? His parents are the sole sponsors? Anyway, no matter, he still has to fill out the I-864

Third, because April 15 has now passed, you will need the tax return for last year (2012) in addition probably to 2010 and 2011. You probably wont' need 2009 anymore. You usually just need the last three. And yes, if you file without it, you will get an RFE asking for it, so if they haven't yet filed taxes, better to wait until they do.

[Nich-Nick 3,354]

First, both parties will have to file the I-864. 'Household' would only apply if he was under 18 and still considered a 'part' of the household. But now for tax purposes, if he's over 18, he's not part of the household anymore, he's his own

Actually it would be acceptable (but not mandatory) to have one I-I864 in this case filed by the Husband/Petitioner/Sponsor, though my comment was to say it wasn't the best way in my personal opinion.

Because they share the same residence, the husband could add his parent's income to his by listing their income in 24b and coming up with a combined Household Income figure for 24c. They would add to the count of his household size because they would have to be counted in:

21g OPTIONAL: If you have

siblings, parents, or adult children

with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here.

[KayDeeCee 4,899]

First, both parties will have to file the I-864. 'Household' would only apply if he was under 18 and still considered a 'part' of the household. But now for tax purposes, if he's over 18, he's not part of the household anymore, he's his own entity.

Second, are you saying he has NO income whatsoever? His parents are the sole sponsors? Anyway, no matter, he still has to fill out the I-864

Third, because April 15 has now passed, you will need the tax return for last year (2012) in addition probably to 2010 and 2011. You probably wont' need 2009 anymore. You usually just need the last three. And yes, if you file without it, you will get an RFE asking for it, so if they haven't yet filed taxes, better to wait until they do.

Using a qualified member of your household that you reside with to fill out an I-864A and combine their income with yours is not the same thing as adding up the household count for the I-864 alone. Nich-Nick explained it all nicely.

[Apprehensive89 0]

I personally think it is a more clean cut way to do it if the person who has no money and doesn't own the home (hubby) doesn't add the homeowners with money to his form. The real purpose of doing that is if nobody qualified on their own. Example if you needed $30,000 and each one made $10,000. Nobody qualifies. But if they were family and shared the same home then it could be done like this--

Hubby does I-864

His income $10k + Mom$10k + Dad $10k = $30,000 household income

Preferred way to me is

* Hubby- I-864 but not enough income

* Dad- I-864 (adding Moms income as his household member)

Mom- I-864A (which is sorta like her permission slip saying it's OK for Dad to use her income on his form)

You need to include proof they are US citizens or permanent residents.

Taxes. When you corrected yourself you said 2009, hahaha You need to take a break. Your brain is getting scrambled.

2012 tax returns were due Monday. If his parents haven't filed, then you might as well wait until they do. If your people don't include a 2012 full tax return with W2s (or 1099s) you will get an RFE. A tax transcript is even better because it is stand alone and doesn't need all the tax forms and W2s. The years reported on the i-864 are 2012, 2011, 2010.

Thanks for your clarification! it was really helpful. And you're right, I did need a break. I'd been working on the forms for hours and it was mentally exhausting. : p His parents' combined income are than enough to cover us all. So, I think your suggestion is the most applicable.

Edited April 27, 2013 by Apprehensive89