I-864 Question

[tashired 18]

Hi everyone,

I have a few questions about I-864.My husb US citizen is filing for IR2/CR2 for my daughter. There are 3 of us living here. My husb,myself and our toddler. We filed taxes married but seperate. I claimed the baby on mine. We make about the same amount. If we use household/dependents 4 (including beneficiary) on the form he doesnt make the $30,000 poverty limit, based on 2014 taxes. He has started a new job this year and is making considerably more.

1) Can he use 2014 taxes (below poverty limit), with pay stubs and employment showing current income has increased for this year? Or once he is below, he needs a joint sponsor?

2) Would household size be 4 for us even though myself and the baby are not depndents on his taxes. Or would it be 2 Himself and our other daughter coming?

a) If we have to file 4 in household. Would I then be a joint sponsor or someone living in houehold sponsor and what form would I use? And will i have to count him as part of my household?

3) Im also confused about the documentation required.On some instructions, I see transcripts, and w2's and paystubs and some say 3 years, some say most current year. Please if you can answer what is REQUIRED and what is OPTIONAL (or nice to have).

Thank you very much for helping. I just want to be prepared properly and no rfe's or checklists.

[NikLR 13,227]

~~moved to bringing household members of USC to the USA from IR1/CR1 process and procedures as topic is about an IR2 not an IR1~~

I'm really not sure WHY you file taxes MFS when you get a better refund with MFJ?

1) Yes if his current income is above. I suggest you combine your incomes to see if that helps more than trying to find a joint sponsor.

2) Yes your household count would be 4. Wife (you), child, + immigrant. You are his spouse (which is always counted if one is present) and he is the father of the child and they are ALWAYS counted on his household count. The child would always be counted on an I-864 no matter where the child lived, if he had contact, or paid anything towards the child. The immigrant, your daughter, is the one who is being added.

a) Yes you can and should be his household member and use form I-864A.

3) Most recent year of tax transcripts OR entire tax return is REQUIRED. (2013 is currently the most recent year. 2014 is due April 15th) Last 3 years of tax transcripts or entire tax return is optional.

[tashired 18]

Thank you for responding NLR.. I'm much clearer on the requirements now