submitting tax forms for I864

[Mochara 2]

Hi all,

just a question woth regards to the affidavit of support, I864

A joint sponsor's income is being used in our case, but that joint sponsor files his Tax Returns jointly with his spouse, who is unemployed, but claims disability. Do we also need to submit a I864/I864A for her too?


Thanks for any advice

[Nich-Nick 3,353]

A joint tax return lumps all income together. There is no way for USCIS to know that the sponsor earns enough just by looking a his tax return for two people. It could be half him and half wife. You need to include some documentation that clearly shows that he earns enough by himself. An employer letter could verify his yearly income, as well as six months of pay stubs.

No point in adding the wife's income to his I-864 since she is unemployed. By not adding any household member's income, then the household member doesn't have to sign an I-864A granting permission to count her money too.

[Mochara 2]

Well I've tried to make a break down of it myself but im not an accountant, or US citizen, so I dont really have much of a clue as to what Im doing. I spoke to the family accountant and she said that the W2's show the seperate income for the joint sponsor. And his wife sent me her Social Security Benefit statements for the 2011-2013, so I've listed that as seperate, and the W2 figures seperatly on a different sheet.

The only reason The joint sponsors wife filled out an I-864A is beause her SS income is on the Tax return

[Nich-Nick 3,353]

Well I've tried to make a break down of it myself but im not an accountant, or US citizen, so I dont really have much of a clue as to what Im doing. I spoke to the family accountant and she said that the W2's show the seperate income for the joint sponsor. And his wife sent me her Social Security Benefit statements for the 2011-2013, so I've listed that as seperate, and the W2 figures seperatly on a different sheet.

The only reason The joint sponsors wife filled out an I-864A is beause her SS income is on the Tax return

It can be done that way too. On his form, her name and total Social Security income are Lines 6a, b, c. She does an I 864A.

On the most recent tax return, her Social Security income is found on Line 20a.

[Mochara 2]

Ok now im confused- you said to not bother adding the wife's I-864A, but to add the W2's, then said to add the wifes I-864A

Which one?

I thought a joint sponsor couldnt combine his income with any other sponsor to meet the 125% guidelines: it has to be only his own income.

The USCIS officer said not to add an I-864A, even if the Joint sponsor has a filed tax return with his wife.

So what should I do?

I've redone the I-864 andin Current individual income put the Joint sponsors Salary and wage only, as per his employment letter.

In the section for total household income for 2011/2012/2013 Ive put the Figure on the 1040 form, Adjusted gross income however this figure would include his Wifes Social security allowance.

I have written a seperate sheet seperating and explaining their two incomes, and provided the wifes SS benefit statements.


My question is Does The joint sponsors wife need to file an I-864A because the figures in the Total household income is joined? even though the Part stating Current individual income for the joint sponsor contains only the Joint sponsors wage? Which is then added to the box which will be compared to the Poverty guidelines.


Im confused! if I submit an I-864a for the Wife, but its not needed, will they send me the I-864 back again?

[Nich-Nick 3,353]

Primary sponsor-The spouse- I-864 even not enough income.

Joint sponsor (two ways to do it)

One way: if joint sponsor makes enough to cover all of it

Joint Sponsor- I-864, tax return, plus other proof of his salary alone is enough

Another way: if he needs to combine his income with his wife to meet the poverty guidelines

Joint Sponsor- I-864, add wife's income on 6abc, tax return (and other proofs are good too.)

Joint sponr's wife who was listed on his I-864 #6abc- I-864A and proof of her income.

Only people living under the same roof can combine income. Otherwise one joint sponsor must make enough all by himself to cover his family plus the immigrant. Household size is calculated on his form so you know how much he requires to sponsor by looking at the poverty guidelines.

I said he could skip the wife if she didn't earn money. After you said her disability was taxable and on the tax return, I said it could be included since she already did an I-864. There are two ways to choos from. Read the form instructions.

[Mochara 2]

Primary sponsor-The spouse- I-864 even not enough income.

Joint sponsor (two ways to do it)

One way: if joint sponsor makes enough to cover all of it

Joint Sponsor- I-864, tax return, plus other proof of his salary alone is enough

Another way: if he needs to combine his income with his wife to meet the poverty guidelines

Joint Sponsor- I-864, add wife's income on 6abc, tax return (and other proofs are good too.)

Joint sponr's wife who was listed on his I-864 #6abc- I-864A and proof of her income.

Only people living under the same roof can combine income. Otherwise one joint sponsor must make enough all by himself to cover his family plus the immigrant. Household size is calculated on his form so you know how much he requires to sponsor by looking at the poverty guidelines.

I said he could skip the wife if she didn't earn money. After you said her disability was taxable and on the tax return, I said it could be included since she already did an I-864. There are two ways to choos from. Read the form instructions.

I have read the instructions, but it doesnt classify when theres a joint tax return. All the IRS forms have their income combined. He doesnt Need her income, he meets it by himself, except for the year 2011.

2012, 2013 he meets it on his own. On the instructions it says if the joint sponsor claims a dependant on his tax form, they must file a I-864A. Then it says if the join t sponsor meets the income requirements by himself, he does not need an I-864A for anyone else. So its contradictory. The wife is counted in the household size and as a dependant on the IRS tax form.

The problem is that all the IRs forms and 1040 have their income together. And the part for putting "Adjusting household income on 1040 form in here" means putting their combined income, because thats what the form says. the section where it indicates to put in three figures for the three years, is a combined household income.

Edited February 7, 2015 by Mochara

[Nich-Nick 3,353]

2012, 2013 he meets it on his own.

It does not matter what he earned several years ago. They want to know his current income. That's why an employer letter is great proof. He could have earned $2000 a month last year ($24,000/year) and just got a raise last week to $3000 a month. For Part 6 #5 he puts down $36,000, not what his tax return says. Tax return does not have to match if he had more income now and can prove it with pay slips or an employer letter.

On the instructions it says if the joint sponsor claims a dependant on his tax form, they must file a I-864A

It doesn't say that. Are you sure it doesn't say if a dependent is on his tax return, then they have to be counted in household size? Look at the section telling how to count household size.

. Then it says if the join t sponsor meets the income requirements by himself, he does not need an I-864A for anyone else. So its contradictory. The wife is counted in the household size and as a dependant on the IRS tax form.

Yes the wife is counted in his household. A wife is not a dependent. Children are dependents. Children on his tax return are counted in household size. Counting heads is not the same as using their money. Different topic.

Yes, like I said previously he does not need to list wife's income if his income alone is enough. That is option 1. BUT he would have to point out his separate income to USCIS because the joint tax return does not separate it. Employer letter is best proof. If you include his 2014 W2, they may think it is just something with the tax return. Photocopy it and write below it in bold and highlight it. "This W2 for John Smith, the joint sponsor, shows his earned income in 2014 was $54,321 and thus qualifies as the joint sponsor without including any other family members income." Sometimes you have to connect the dots for USCIS by pointing out what you want them to see.

Or he can include the wife's income and I-864A. That is option 2. Either way is correct.

The problem is that all the IRs forms and 1040 have their income together. And the part for putting "Adjusting household income on 1040 form in here" means putting their combined income, because thats what the form says. the section where it indicates to put in three figures for the three years, is a combined household income.

I already said the income he claims in Part 6 #5 is his own CURRENT income. What he alone makes right now multiplied out to a year. It does not have to match the tax return figures. I can tell you a personal example. When I filed I-864 for my new spouse, I had to also fill in those three lines about the tax return. Well my oldest of three was a joint tax return with my former spouse. I didn't adjust the numbers to match anything. It asked for the number off line 22 of my tax return for that year. That was my tax return and I copied it straight off the joint tax return. It was well over $100,000 more than the income I claimed I currently earned in Part 6 #5. AND it was a joint return with another spouse. I also mailed it in so they knew it was joint. The USCIS did not blink an eye. No RFE. No questions because I proved my current income with documentation other than the tax return.

I think you are trying to match things to a tax return or vice versa. That will never happen. Those three lines just want you to copy line 22 from his tax Form1040. Exactly as it appears on the tax return he filed. No adjustments. If using the wife's income makes you feel better, then use it.

And don't forget you have to send proof he is a US citizen or permanent resident.

Edited February 7, 2015 by Nich-Nick

[Mochara 2]

Ok-im sorry if I'm asking stupid questions, just dont want a 3rd RFE in a month and i really do appreciate you taking the time to explain it. My husband and his US famil are literally clueless to it all, so it's completely on me.

Found this on ***removed***, which I think essentially sums what you said


Married Filing Joint Return - Income Separation If you and your spouse each reported income on a joint income tax return, but you want to use only your own income to qualify (and your spouse is not submitting a Form I-864A), you may provide a separate breakout of your individual income for these years. Your individual income will be based on the earnings from your W-2 forms, Wage and Tax Statement, submitted to the IRS for any such years.



So What i will do is

• Resubmit I-864 with his current (2015) income supported by current employment Letter

• Put the Adjusted gross income which is actually line 37 of the 1040 -line 22 is the total income, (but the I-864 asked for adjusted) -in part 6 for the last 3 years

• Submit IRS Tax Transcripts, 1040's, W2's and Tax and Wage statements(IRS) for the years 2011,2012,2013

• Submit employment letter for 2015

• Submit pay stubs for the last 6 months

• Joint sponsors birth cert

• Seperate breakdown of Joint sponsors income from spiuse, supported by spouses Social Welfare statements (2011-2014)

• And possibly a 1040 for 2014, even though its not required, but just to show that in addition to 2012 and 2013, he also makes the required amount.

No I-864A

That sound Accurate?

[Mochara 2]

Oh just read the forum about the 1040- your right its line 22 not 37 cause its the 1040, not 1040EZ.

[Nich-Nick 3,353]

Why didn't you say you got an RFE and print what it said? You didn't say what you sent and the RFE's exact words. It would have been a whole lot easier to tell you where you got off track and what they need. You are going about getting help in a backward way. I thought you were getting ready to send the first time.

[Mochara 2]

Oh im sorry i could have sworn I did.

Well to be honest my husband sent the first I-864 and messed it up.

And I didnt do it, so wanted to go over it from the start.

The RFE said

1." The joint sponsor must submit a complete Federal ncome Tax return"
2. "The joiknt sponsor's income on the Income Federal Tax return does not meet or exceed the 125% poverty gudieline. The joint Sponsor Lists their current income as sufficient, however no evidence has been submitted as proof of current income. Please submit evidence such as

Letter of employment containing Dates, Salary, Nature of the job, Number of hours per week, pay stubs.

3. "Based on the documents submitted with the I-864, The joint sponsor's income did not meet 125% of the poverty guideline for the joint sponsors household size. Submit evidence of assett,s or get a different Sponsor"

they sent this letter but I have no idea what my husband sent cause he's ridiculous. I know No IRS transcripts were sent, I know no pay stubs were sent, and I know no W'2's or 1040's for each year were sent because I spoke to the accountant and got a massive pile of stuff, and the stuff my husband sent in last time was tiny.

[Mochara 2]

I think theyre main issue was the fact my partner didnt send it any of the proper supporting documents with the first I-864.

He literally sent a hodge podge of his parents tax stuff for the last 3 years, none of it consistent, about 6 pages long.

The stuff I have now is nearly 100 pages long.

[Nich-Nick 3,353]

Oh im sorry i could have sworn I did.

Well to be honest my husband sent the first I-864 and messed it up.

And I didnt do it, so wanted to go over it from the start.

The RFE said

1." The joint sponsor must submit a complete Federal ncome Tax return"

2. "The joiknt sponsor's income on the Income Federal Tax return does not meet or exceed the 125% poverty gudieline. The joint Sponsor Lists their current income as sufficient, however no evidence has been submitted as proof of current income. Please submit evidence such as

Letter of employment containing Dates, Salary, Nature of the job, Number of hours per week, pay stubs.

3. "Based on the documents submitted with the I-864, The joint sponsor's income did not meet 125% of the poverty guideline for the joint sponsors household size. Submit evidence of assett,s or get a different Sponsor"

they sent this letter but I have no idea what my husband sent cause he's ridiculous. I know No IRS transcripts were sent, I know no pay stubs were sent, and I know no W'2's or 1040's for each year were sent because I spoke to the accountant and got a massive pile of stuff, and the stuff my husband sent in last time was tiny.

#1 means he didn't send the required most recent tax return. Or if he sent one, it wasn't considered COMPLETE without the W2 and the wife's 1099-SSA. That social security one is not named exactly that but has 1099 and SSA in the form name.

#2 means in USCIS talk: No tax return or complete tax return, then we won't even look at anything. As far as we are concerned he does not exceed the poverty level because we rejected it at square one. In addition to that, even if he sent all the right stuff, he did not show that Dad earns enough by himself. Remember the tax return is lumped together, so they don't know dad's income. Send additional proof like an employment letter and 6 months of pay stubs. Document his separate income with the things they suggested.

#3 means since we haven't accepted anything yet, and we call that not meeting the poverty level, maybe he would want to add his assets to qualify. Or you can just find a new sponsor.

If you fix #1, and add some additional proof of his income, then #3 is not applicable.

I think theyre main issue was the fact my partner didnt send it any of the proper supporting documents with the first I-864.

He literally sent a hodge podge of his parents tax stuff for the last 3 years, none of it consistent, about 6 pages long.

The stuff I have now is nearly 100 pages long.

You only need to send the most recent tax return (2013). Don't send 100 pages of stuff. Most likely you have things that aren't part of a tax return. If it says "worksheet", it's not part of the return that gets filed. If it says FORM or SCHEDULE, then it is. And then there is any W2, 1099s, etc.

The BEST way is to get a tax return transcript right here http://www.irs.gov/Individuals/Get-Transcript

You find it online and print it out. It comes from the IRS so is actually better proof. And it is a condensed summary so not so many pages. AND you don't have to send W2s and 1099s with it. There are several choices to get.

Tax return transcript YES

Tax account transcript NO

Record of Account transcript NO

Don't make me make me type out why no W2s and 1099s are needed with the transcript. Read the instructions for the I-864 which says exactly that.

Don't forget proof of citizenship for the joint sponsor. Birth certificate or US passport.

[Mochara 2]

#1 means he didn't send the required most recent tax return. Or if he sent one, it wasn't considered COMPLETE without the W2 and the wife's 1099-SSA. That social security one is not named exactly that but has 1099 and SSA in the form name.

#2 means in USCIS talk: No tax return or complete tax return, then we won't even look at anything. As far as we are concerned he does not exceed the poverty level because we rejected it at square one. In addition to that, even if he sent all the right stuff, he did not show that Dad earns enough by himself. Remember the tax return is lumped together, so they don't know dad's income. Send additional proof like an employment letter and 6 months of pay stubs. Document his separate income with the things they suggested.

#3 means since we haven't accepted anything yet, and we call that not meeting the poverty level, maybe he would want to add his assets to qualify. Or you can just find a new sponsor.

If you fix #1, and add some additional proof of his income, then #3 is not applicable.

You only need to send the most recent tax return (2013). Don't send 100 pages of stuff. Most likely you have things that aren't part of a tax return. If it says "worksheet", it's not part of the return that gets filed. If it says FORM or SCHEDULE, then it is. And then there is any W2, 1099s, etc.

The BEST way is to get a tax return transcript right here http://www.irs.gov/Individuals/Get-Transcript

You find it online and print it out. It comes from the IRS so is actually better proof. And it is a condensed summary so not so many pages. AND you don't have to send W2s and 1099s with it. There are several choices to get.

Tax return transcript YES

Tax account transcript NO

Record of Account transcript NO

Don't make me make me type out why no W2s and 1099s are needed with the transcript. Read the instructions for the I-864 which says exactly that.

Don't forget proof of citizenship for the joint sponsor. Birth certificate or US passport.

Yes thats what I figured too, essentially it was all missing, well most, so they just slapped the generic jargon on.

I got the 3 tax transcripts, however am sending the W2's because I believe they'll need it. I am sending the Wife's Social security statement to back up the seperate breakdown of income, so they can see where I'm getting the figures. I figure it's best to send themthings they could possibly need, rather then have it missing. The acountant said the w2's were required to show his income seperate from the Tax return.

The immigration officer I spoke also gave me hell about making sure I send in the W2's to make sure they could read his income and see where it was clearly seperate.

i understand the transcript provides that info

If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099

that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s)

rather than a photocopy.

We dont have any originals, only photocopies. Well, downloaded from the IRS site, if thats means its the original.

The W2's support the breakdown sheet I've done up, because thats where i get the figures.

The RFE also requests the Social security Benefits "evidence of other income such as anniutities, IRA distributions and SS benefits (SSA-1099)"

I'm not saying I'm sending more information then they need for the craic- I'm sending it so they have it because I've been told it was needed, and parts of it are supporting documents to additional notes and the income seperation. I just dont want to take any chances.

Have a copy of joint sponsors birth certificate.

Better they have info they dont strictly need then need it and not have it.

I dont think I could handle another RFE.

I'm largely going off what accountant told me and gave me- infact she prepared the forms for me, but I'll take your advice and stream through to make sure nothing unnesscary is in there. Its color coded and forms are easy to locate for USCIS.

Thanks again for all your help . Im going to double check then check again then post everything on monday.