I-864 - joint tax return

[london2014 0]

Hi,

I just wanted to double check what I read so far on here to make sure what I am asking my sister and her husband for in the US. I am a US citizen but am currently living in the UK with my British husband so cannot sponsor him myself. We have been married 10 years. We filed the I-130 about 6 weeks ago and are still waiting for approval. He just received his police check in the post and I am having my sister do the I-864 as she is a resident of the US. I complete the I-864 as the petitioner, she completes a I-864 it as the only joint sponsor. With regards to the tax return I supply my 1099 UK version of my W2 - and for her I will need her joint tax return and W-2 and her husband to complete a I-864A as he is her spouse and is under her household - is this true if we are not using his income and only hers? I am assuming he completes it even if we are not using his income. I am also assuming as her daughter is under 21 that she will also be classified under her household so the amount with her, her husband, her daughter & my husband will be 4 so her income will need to be $29,812. The documents (copies) required by her will be her drivers license, birth certificate (no passport showing US citizenship) her 2013 tax return and her W2. If her husband needs to complete the I-864A does he need to supply any documents? My last question is it mandatory to complete the section for the part 6 13a - 13c- for all 3 tax years?

My total income (adjusted gross income on IRS Form

1040EZ) as reported on my Federal tax returns for the

most recent 3 years was:

All help is greatly appreciated - I had a previous sponsor but things fell thru when her husband didn't feel comfortable completing a I-864A even though we weren't using his income.

[Nich-Nick 3,354]

You should file a US tax return every year if you earn income anywhere in the world. So you will submit your 2013 US tax return. The UK equivalent of a W2 isn't part of a US tax return so not needed.

If your sister can clearly prove her separate income, then she does not have to include her husband's income on her form. He would only do an I-864A if she lists his income. Something like an employer letter stating her yearly salary and 6 months of her pay slips is a suggestion to show what she earns is enough. The tax return income is all lumped together on a joint tax return. So yes it is still required, and the numbers on part 6 13a - 13c will be the joint money. That's why she needs to make it very apparent to them with other documentation what she makes all by herself.

Her birth certificate proves citizenship. Driver license? Haven't heard of that being used.

Tax transcripts are available online to print off at home now. She can do that instead of a photocopy of the full return with W2. The transcript doesn't require W2. That's written in the I-864 instructions.

If the daughter is claimed on their tax return, then she is part of their household count.

[NikLR 13,227]

1) don't bother sending your 1099 version. Your income will not be continuing and doesn't count, and you don't have enough assets and that's why you're using a joint sponsor

2) If ONLY your sister is being a joint sponsor even though they send MFJ returns, then yes, include her entire tax return and w2 plus any schedules, proof of current income, and proof of her citizenship or LPR status and her husband doesn't send anything

3) if both are the joint sponsor because they send joint returns, then include the tax return transcript, I-864 from her, I-864a from him, plus proof of citizenship or LPR status and current income from both

4) Yes you should complete all 3 according to the instructions. If you did not file a tax return then you can write "not required to file" and include a letter stating why you were not required to file.

As NickNick stated - use a birth certificate or bio data page of a passport or green card to show citizenship/lpr status, not a driver's license and include the daughter in the household count if she is claimed as a dependent on the tax return.

Edited May 17, 2014 by NLR

[london2014 0]

3) if both are the joint sponsor because they send joint returns, then include the tax return transcript, I-864 from her, I-864a from him, plus proof of citizenship or LPR status and current income from both

In this case she is just going to be the only joint sponsor so just to confirm even though she files a joint tax return with her husband does he need to also complete an I-864A if we arent using his income? Its not a problem to get him to complete one but I am trying to make this as simple as possible for her and as she makes enough I wasnt going to have him complete one.

[NikLR 13,227]

In this case she is just going to be the only joint sponsor so just to confirm even though she files a joint tax return with her husband does he need to also complete an I-864A if we arent using his income? Its not a problem to get him to complete one but I am trying to make this as simple as possible for her and as she makes enough I wasnt going to have him complete one.

No. If you are not using the household income, but just her income, then he does not.

[Nich-Nick 3,354]

In this case she is just going to be the only joint sponsor so just to confirm even though she files a joint tax return with her husband does he need to also complete an I-864A if we arent using his income? Its not a problem to get him to complete one but I am trying to make this as simple as possible for her and as she makes enough I wasnt going to have him complete one.

If her form part 6, #6 a b c, is blank then there is no I-864A.

But if she doesn't submit additional proofs of her separate income, they will RFE.

[london2014 0]

If her form part 6, #6 a b c, is blank then there is no I-864A.

But if she doesn't submit additional proofs of her separate income, they will RFE.

Her income is approx. $11,000 over what the poverty guideline. Her husband has offered to include his income if we need it. I was trying to leave it out as he is self employed and thought it might make matters more complicated. Any suggestions as I was just going to use her income and submit their joint tax return not including him as an additional sponsor.

[Nich-Nick 3,354]

Her income is approx. $11,000 over what the poverty guideline. Her husband has offered to include his income if we need it. I was trying to leave it out as he is self employed and thought it might make matters more complicated. Any suggestions as I was just going to use her income and submit their joint tax return not including him as an additional sponsor.

I don't know how I can suggest anymore than I already have twice. (Post 2 and 6).

Prove HER income with more than a joint tax return. She makes around $29,812 (required) + $11,000. That is enough.

You did not comment if you have filed tax returns yourself with the IRS each year. Yes?

[london2014 0]

Hi, yes I have filed all my tax returns. I know she does make enough money but didnt know if it would be more beneficial to add her husband income also. If you think it fine to just submit the I 864 with her income that's fine I just wanted to make sure that there wouldnt be a chance of it getting rejected. I am probably just being paranoid. She has all of her payslips and I asked for her to give me the last 2-3 year reflecting her annual salary on them. If I did add her husbands income and decided to include him as a joint sponsor also would he complete a I-864 also ticking the I am the second of 2 joint sponsors and he would complete his own I-864. If you think I am okay with just her completing one thats fine I just didnt want the application to get rejected.

[Nich-Nick 3,354]

If I did add her husbands income and decided to include him as a joint sponsor also would he complete a I-864 also ticking the I am the second of 2 joint sponsors and he would complete his own I-864.

NO. It doesn't work like that.

Sister is joint sponsor. She may tack on income from a household member if she needs to pool the income to qualify (part 6, #6 a b c).

Example--If each spouse A & B made $15k, neither would qualify. But they can pool their income as household members onto A's form. Together they qualify with $30k. Second person B has to give permission for A to use his income on her form. His permission slip is the I-864A.

Use the husband or don't use him. Read the instructions:

Annual Household Income.

This section is used to determine the sponsor's household income. Take your annual individual income from Item Number 5....If this amount is greater than 125 percent ......of the Federal Poverty Guidelines for your household size ..... you do not need to include any household member's income.

(I took out the extra language cluttering the sentence).

You have a choice. Pick one.

[pushbrk 12,975]

In this case she is just going to be the only joint sponsor so just to confirm even though she files a joint tax return with her husband does he need to also complete an I-864A if we arent using his income? Its not a problem to get him to complete one but I am trying to make this as simple as possible for her and as she makes enough I wasnt going to have him complete one.

Even with the husband's I-864a, she is the only joint sponsor and he is the household member. For joint return filers, it's always best to provide both the I-864 and I-864a. You might get by without it, or it might cause a delay while you get what you could have provided the first time. Your choice. (Yes, I've seen it work both way, with no way to know which way will work for you.)

[Lakehouse 293]

This point is stated within the above statements, but I'd like to draw attention back to one thing, as it's my understanding that the tax transcripts don't show what the W2 does, ie who made what amount, they just show the total.

So, if you only use 'her' as the joint sponsor, and do not file an I864a for her husband, make certain that the W2 is included to differentiate what is made by whom, as I'm sure I've heard here of people getting a checklist for leaving out the W2 in this scenario.

We had our joint sponsor AND her husband fill in the 864 and 864a respectively. (Even though she makes more than enough money, but it was suggested as the ideal situation here on VJ when I was preparing/learning, so we just went with that )

Good luck!

[london2014 0]

Even with the husband's I-864a, she is the only joint sponsor and he is the household member. For joint return filers, it's always best to provide both the I-864 and I-864a. You might get by without it, or it might cause a delay while you get what you could have provided the first time. Your choice. (Yes, I've seen it work both way, with no way to know which way will work for you.)

Everyone - thanks for your help. You have made an extremely stressful situation less stressful. As I'll be shipping documents back and forth from the UK to the US I want to get it right. I also don't want to have to keep going back to my sister who is in a cast and recently had surgery as she has enough on her mind. I will have her complete the I-864 as the only joint sponsor and him complete the I-864A. I was going to pull the tax transcripts online but will now make sure that both their W-2 are in there as I originally told her I wouldn't need them. With regards to proof of income as my sister is basically house bound due to surgery and as her payslips are paperless it might be easier for her to get a letter from HR on company letterhead stating her job role, annual salary and how long she has been employed etc - would this be sufficient with her W-2's?

Again thanks for all your help - I sincerely appreciate all your suggestions and patience!

[pushbrk 12,975]

Usually, one can go online to print a "paperless" pay stub, but you can use the employer letter as you described it.

[london2014 0]

Even with the husband's I-864a, she is the only joint sponsor and he is the household member. For joint return filers, it's always best to provide both the I-864 and I-864a. You might get by without it, or it might cause a delay while you get what you could have provided the first time. Your choice. (Yes, I've seen it work both way, with no way to know which way will work for you.)

Thanks you for your help. I have another question which I sincerely hope you can help with regarding the joint tax return. I have completed the I864-A for her husband. The only issue I have now is her spouse is self employed. I went on the IRS website and pulled all the transcripts for the last 3 years for the 1040's, W-2 wage and Tax Statement and the Record of Account . I have her W-2's to show how much she makes however, he only had a few W-2's which don't total how much he makes or equals what is on the 1040 under the Partnership S Corp section. I am assuming it was because he was paid directly. I was able to print off the Form W-2 wage and Tax Statement for him which shows how much he made less the losses etc from the company he owns as it shows under the Schedule K-1 Shareholders Share of Income, Credits, Deductions etc. Do you think if I submit all of her W-2's, plus the ones where he was paid directly, the transcripts, the W-2 wage and tax statement for him and attach all the schedules originally filed with the 1040's this will suffice? I also have him looking for the business license which I hope he can find as they recently moved and I am not sure what else to include as various websites state different documents for someone self employed