I-864 Sponsor Income and Employment

[archit_k 0]

Hello,

I was filling out I-864 and i am quite confused about Part 6. My wife who is the primary sponsor graduated from collage last year and got a job in the middle of the year and on her IRS transcript is says that she earned a total of $16,000 and after adjustments she earned around $14,000.

She works for a company as a full time employee but also does freelance work. From the full time job she averages $1800 per month ($21,000 annual AVG) and from the freelance jobs she can average about $3000 a year. (To show the freelance and full time employment i ticked 1. and 2.) Is that correct.

So my question is what do i put in " My current individual annual income is" do i put the income from previous year IRS form. If so then which one. The total income or the adjusted income.

With the present projected income, she can be my sponsor but even then we have two other joint sponsors. Who's income is well over $70,000.

The other problem i have is that she didn't file her taxes for 2011 or 2012, so she only has a transcript for 2013.

In the form they are asking for three years of income. What is the solution to that problem ?

So do i just leave those as $0.

I would really appreciate any help i can get with this.

Thanks.

Archit

[kcros 0]

The current annual income would be her projected income from this year. She would need to send in pay stubs that show what she is currently earning. I sent in 6 months worth of pay stubs.

For the two years that she didn't earn, you would leave that at 0. She will also have to send in a letter staying that she did not file taxes for those years because she did not earn money and was not required to by law.

[KayDeeCee 4,892]

The current annual income is what she makes now. Take her weekly pay and multiply that by 52. If she gets paid bi-weekly, then take how much she makes in 2 weeks and multiply that by 26. If she makes around $1800 a month from the employer, then she meets the income requirement for a household of 2. Provide a letter from employer and/or recent pay stubs to prove that income amount. If she received a 1099 for her freelance work in 2013, then you can add that amount to the current annual income from the employer to get her total annual income. Her tax transcript for 2013 is proof of her self-employment income. She meets the requirement without it though, and should not need a joint sponsor. You can only use one joint sponsor, if you needed one.

For the years she did not file taxes, do not put $0 where it asks for the total income(line 22 of the 1040) from her past returns for 2011 and 2012. She did not file. Leave them blank and provide a statement as to why she was not legally required to file those 2 years.

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas - topic is AOS from F-1, not K-1 process ~

[archit_k 0]

The current annual income is what she makes now. Take her weekly pay and multiply that by 52. If she gets paid bi-weekly, then take how much she makes in 2 weeks and multiply that by 26. If she makes around $1800 a month from the employer, then she meets the income requirement for a household of 2. Provide a letter from employer and/or recent pay stubs to prove that income amount. If she received a 1099 for her freelance work in 2013, then you can add that amount to the current annual income from the employer to get her total annual income. Her tax transcript for 2013 is proof of her self-employment income. She meets the requirement without it though, and should not need a joint sponsor. You can only use one joint sponsor, if you needed one.

For the years she did not file taxes, do not put $0 where it asks for the total income(line 22 of the 1040) from her past returns for 2011 and 2012. She did not file. Leave them blank and provide a statement as to why she was not legally required to file those 2 years.

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas - topic is AOS from F-1, not K-1 process ~

Thank you for the response

So i'll file the pay stubs for the last six months and also letter from her work saying how much she makes from them.

I was under the impression that she didn't meet the minimum requirement and because the previous year transcript showed a lower amount. But its a huge relief that she does qualify.

Are we not allowed by law to use a joint sponsor, Even if the primary sponsor meets the required income for a household of 2. We just want to have that as a precaution, we don't have to use two joint sponsors.

You said to look at the 2013 (line 22 of the 1040) that exactly am i looking for. I understand that i can't put $0 for 2012 and 2011, even though she didn't file for those years because she was still in school and had no source of income. I have four sets of 1040 from her, account transcript, wage and income transcript, tax return transcript and record of account.

Again i appreciate the help.

[KayDeeCee 4,892]

You put her current annual income where it asks(Part 6 #5). You put the total income amounts from the past tax returns where it asks(Part 6 #13a-c). Those are two separate things. For your wife, #13b and c would be blank and she would be required to provide the statement as to why she did not legally have to file those years, as stated in the I-864 instructions. http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

You can still use a joint sponsor, if you want to and the joint sponsor is willing to sign an I-864 and provide their documentation. If you do not need one, then why use one though? If you send in all the documentation with your I-864 that shows you meet the requirement, and the USCIS decides you do not, then they would send an RFE and you could provide the joint sponsor documentation at that time. It is up to you.

I stated you cannot use two joint sponsors because you cannot. If you need a joint sponsor, then it would be only one. Two joint sponsors cannot be used in a situation where there is only a single intending immigrant. Two joint sponsors are only used when the two joint sponsors would split the sponsorship when there is more than one intending immigrant to sponsor at once. See the I-864 instructions about the use of joint sponsors.