i-864 clarification needed

[dtankut 0]

Hello everyone,

I have a couple of questions about i-864 part 6. I hope I'm not repeating any threads here.

My wife (US Citizen) and I have been living abroad for the past 5 years. She hasn't been filing taxes since 2009 because she doesn't have any income here.

1) Last time my wife filed for taxes is back in 2009. In Part 6 Question 13, should i put in 2009, 2008 and 2007 as her most recent 3 years?

2) My mother-in-law is our joint sponsor. She and my father-in-law filed taxes jointly. On the 1040 form, the adjusted gross income is $100,000 for both, but hers alone is $60,000. In Question 5, should i write in the $60,000 amount or $100,000 amount?

3) In the i-864 instructions, it says "Take your annual individual income from Item Number 5. and enter it on Item Number 6.c.". Do i write in my father-in-law's name? If yes, what to put in 6c? I think the instructions are wrong at this point. Because we add them up again on item number 10. Can anyone be of assistance for these two questions?

4) I understand since my mother-in-law is going to be the only joint sponsor, she fills out i-864 and he fills out i-864A. Is that correct?

Thanks everyone in advance and i sincerely hope everyone's process goes as smoothly as possible.

[NikLR 13,220]

1) No. 2013, 2012, 2011. If she was not working she was not required to file. She writes in the year then writes "not required to file" in spots 13.a.1, 13.b.1, and 13.c.1. If she WAS required to file she NEEDS to file her back taxes. It is a requirement of the I-864.

2) Get them to get their tax return transcript. it's free online at the IRS website. Now they filed a 1040 which means they use their TOTAL INCOME not their adjusted gross income. He should file an I-864A to accompany her I-864 as her household member.

3) She puts her individual income in Part 6, Q5. Her husband's name goes in Part 6, Q6a-c, Q10 will have their combined total income as per their tax return transcript. checkmark Question 11.

4) yes

If people are not including assets write n/a or leave blank.

Edited December 4, 2014 by NLR

[dtankut 0]

Thank you very much NLR.