I-864 Question. Help Please

[Dip694 7]

I am currently on an H1B and my wife has started the documentation to get my AoS. However, when doing the I-864, she has been filed as a dependent by her parents. However, I do have my federal tax return for the past few years and have been sharing everything with her. Do we file the I-864 as a joint or how do we go about it?

Any help will be greatly appreciated.

[newacct 688]

There are two things needed for the I-864: 1) current income needs to be sufficient, and 2) past tax information needs to be provided. These things are completely separate.

Whether you need a joint sponsor is determined by whether her current income (and, if necessary, combined with your current imcome) meets 125% poverty level. Past income or past taxes have nothing to do with it.

For the tax return information, did she file tax returns for those years? That she could be claimed as a dependent does not tell us anything becuase someone who could be claimed as a dependent can also file taxes, and just because you are claimed as a dependent does not mean you don't have to file taxes. If she did not file because she was not required to file because her income was too low, then per the instructions she needs to attach an explanation.

[Dip694 7]

Thank you for your reply. I will have to check with her, but I believe that her income was too low. Will have to check to make sure. In any event it wasn't something of concerns as I was paying most of the bills ect with the income I am making with the company I am working with. As such do I make myself a joint sponsor for this form? If not would we require her mom or dad (as they are separated) to become a joint sponsor?

Thanks.

[newacct 688]

Thank you for your reply. I will have to check with her, but I believe that her income was too low. Will have to check to make sure. In any event it wasn't something of concerns as I was paying most of the bills ect with the income I am making with the company I am working with. As such do I make myself a joint sponsor for this form? If not would we require her mom or dad (as they are separated) to become a joint sponsor?

Thanks.

You would not be a joint sponsor. You would be a member of the household combining income with her on the I-864. As the intending immigrant, you do not need to file any extra forms to combine income with her. There is a box on the I-864 to check that says you are including the intending immigrant's income.

[Dip694 7]

You would not be a joint sponsor. You would be a member of the household combining income with her on the I-864. As the intending immigrant, you do not need to file any extra forms to combine income with her. There is a box on the I-864 to check that says you are including the intending immigrant's income.

Thank you. As I was reviewing the form following your post, I did notice that part as Section, As such I would have to file form I-864a as well. Would it be wise to get a letter from my employer stating my employment ect... or is it not necessary.

Furthermore, further down on that form, it requires the three most recent years of tax papers (1040). My wife has never filed taxes as she was declared a dependent under either her dad or mom (they are divorced) as she did not make enough. As such, can I put my three most recent taxes return?

If so, there is a gap in my tax return between 2008 and 2011 as I went back home abroad. So can I put the three recent taxes as being 2012, 2011 & 2008?

Thanks for your prompt feedback.

[newacct 688]

Thank you. As I was reviewing the form following your post, I did notice that part as Section, As such I would have to file form I-864a as well. Would it be wise to get a letter from my employer stating my employment ect... or is it not necessary.

A letter from your employer would be good (even though nothing seems to explicitly ask for it). You would not file I-864A; that's what I was trying to explain earlier. It's because you're the immigrant; as a special case, you do not need I-864A.

Furthermore, further down on that form, it requires the three most recent years of tax papers (1040). My wife has never filed taxes as she was declared a dependent under either her dad or mom (they are divorced) as she did not make enough. As such, can I put my three most recent taxes return?

No, it's her taxes that it's asking about. Not yours. If you wife did not file, she should write "did not file" or something like that on the blanks, and then she needs to attach an explanation that she was not required to file for those years because her income was so low.

[Dip694 7]

A letter from your employer would be good (even though nothing seems to explicitly ask for it). You would not file I-864A; that's what I was trying to explain earlier. It's because you're the immigrant; as a special case, you do not need I-864A.

Is the reason I do not need the I-864A because I am her husband and already a part of the household? Just not fully understanding, sorry.

While not recommended, I am trying to not lose time with RFE or during the interview by not having the correct documentation. As such would you recommend getting a letter of employment as to not delay the process. I know the that if I filled the I-864A the letter of employement would be required, correct? However, being that you are stating I do not need the I-864A, the letter isn't needed, correct? Also should I include copies of my past tax returns into the packet so they can see my income?

No, it's her taxes that it's asking about. Not yours. If you wife did not file, she should write "did not file" or something like that on the blanks, and then she needs to attach an explanation that she was not required to file for those years because her income was so low.

Is there a sample letter or anything of that sort I could use to draft it? Being that she did not file taxes, is it still worth including pay stubs for the past 6 months as that will demonstrate she wasn't making enough. Also would a letter of employment for her help?

Thank you.

[newacct 688]

Is the reason I do not need the I-864A because I am her husband and already a part of the household? Just not fully understanding, sorry.

While not recommended, I am trying to not lose time with RFE or during the interview by not having the correct documentation. As such would you recommend getting a letter of employment as to not delay the process. I know the that if I filled the I-864A the letter of employement would be required, correct? However, being that you are stating I do not need the I-864A, the letter isn't needed, correct? Also should I include copies of my past tax returns into the packet so they can see my income?

Is there a sample letter or anything of that sort I could use to draft it? Being that she did not file taxes, is it still worth including pay stubs for the past 6 months as that will demonstrate she wasn't making enough. Also would a letter of employment for her help?

Thank you.

The reason you do not need the I-864A is because you are the immigrant being sponsored. If you look at I-864 instructions, page 6, #6b:

If you included the income of the intending immigrant who is your spouse (he or she would be counted on Item Number 7. of Part 5.), evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has accompanying children.

(For intending immgrants who are not your spouse, #6c also says they do not need I-864A.)

Basically, you need to put your wife's current income in I-864, Part 6 #5, and then you would be "Person 1" so you would fill your information and income in Part 6 #6. Then you would add both your incomes together in Part 6 #10. Then you would check Part 6 #12, which says

The person(s) listed in 6.a., 7.a., 8.a., or 9.a. does not need to complete Form I-864A because he/she is the intending immigrant and has no accompanying dependents.

and write your name in the blank below.

Is there a sample letter or anything of that sort I could use to draft it? Being that she did not file taxes, is it still worth including pay stubs for the past 6 months as that will demonstrate she wasn't making enough. Also would a letter of employment for her help?

Thank you.

Her pay stubs and employment letter are for proving her current income (Part 6, #5). This is a separate issue from her past tax information (Part 6, #13). Yes, she should provide pay stubs and employment letter (if possible) to prove her current income.

I'm not sure about a sample letter. Maybe one of the other forum members can post theirs.

[Dip694 7]

The reason you do not need the I-864A is because you are the immigrant being sponsored. If you look at I-864 instructions, page 6, #6b:

(For intending immgrants who are not your spouse, #6c also says they do not need I-864A.)

Basically, you need to put your wife's current income in I-864, Part 6 #5, and then you would be "Person 1" so you would fill your information and income in Part 6 #6. Then you would add both your incomes together in Part 6 #10. Then you would check Part 6 #12, which says

and write your name in the blank below.

Her pay stubs and employment letter are for proving her current income (Part 6, #5). This is a separate issue from her past tax information (Part 6, #13). Yes, she should provide pay stubs and employment letter (if possible) to prove her current income.

I'm not sure about a sample letter. Maybe one of the other forum members can post theirs.

Thanks for your response. I already have an employment letter dated May or June of this year as it was required for another purpose. Is it wise to get another updated one or will that one do. It took me a long time to get a verification letter as my boss travels quite a bit. (comes with the field we work in.....aviation). Please advise.