question regarding i864 affidavit of support (merged)

[Subee9 1]

My wife (a petitioner) who is an LPR is sponsoring me (only me, we don't have kids). In the i864 form part 5 where it says, "persons NOT sponsored in this affidavit" : Yourself (i know my wife has to write 1 here) , but where it says " if you are currently married, enter "1" for your spouse," does my wife put "1" for me? because I am the one who she is sponsoring and the title says, "persons NOT sponsored in this affidavit." Furthermore I am already counted under the title "person you are sponsoring in this affidavit: enter the number you entered on line 7 of part 3."

[Subee9 1]

My wife and myself have filed joint tax return for the past two years (I live in US with my wife). My wife is the petitioner and I am the beneficiary. I am waiting for my date to be current, which is Jan, 2014 (very close), so I adjust my status. Can we show the joint income as stated in the tax return to fill out i864? If yes, then how should I go about filling the i864 form? and what evidences apart from joint tax return, employment letter, pay stubs do I need to present?

[Zedayn 485]

My wife (a petitioner) who is an LPR is sponsoring me (only me, we don't have kids). In the i864 form part 5 where it says, "persons NOT sponsored in this affidavit" : Yourself (i know my wife has to write 1 here) , but where it says " if you are currently married, enter "1" for your spouse," does my wife put "1" for me? because I am the one who she is sponsoring and the title says, "persons NOT sponsored in this affidavit." Furthermore I am already counted under the title "person you are sponsoring in this affidavit: enter the number you entered on line 7 of part 3."

Part 5. Sponsor's Household Size says right below it

DO NOT COUNT ANYONE TWICE

Your wife is sponsoring you, so you will be listed on line 1: Persons you are sponsoring in this affidavit.

Since you are listed on line 1, you will not be listed on line 3 (If you are currently married).

In short, since you said it is just you and your wife, and your wife is sponsoring you, your part 5 should look similar to this:

1. 1
2. 1
3. 0
4. 0
5. 0
6. 0
7. 0
8. 2 TOTAL

[Subee9 1]

Part 5. Sponsor's Household Size says right below it

DO NOT COUNT ANYONE TWICE

Your wife is sponsoring you, so you will be listed on line 1: Persons you are sponsoring in this affidavit.

Since you are listed on line 1, you will not be listed on line 3 (If you are currently married).

In short, since you said it is just you and your wife, and your wife is sponsoring you, your part 5 should look similar to this:

1. 1
2. 1
3. 0
4. 0
5. 0
6. 0
7. 0
8. 2 TOTAL

Thank you very much for your reply. I really appreciate it.

I have another question. My wife started working (at the current job) about a year ago and we filed a joint tax return ( I am in F-1 status, I work part time at my school). So when we filed for the tax back in feb, 2015 she had only worked around 6 month. But combining mine and her salary came out to be $27000 which is over poverty line. Since then she has gotten a significant raise and makes around $33000/yr. But this will only show up in next years' tax return. Since my priority date (if everything goes right) is jan 2014 (current cut off is dec 2013) I will have to use last years (2014) tax return. So, my question is since the tax return is a joint tax return how do I show that on the i-864. What are the precautions I need to take being a joint tax return applicant. From what I have learned by scouring the internet, since I am the intending immigrant, I am not required to file another i864 correct? Also can my wife and I show the projected salary (hers is 33000/yr mine is 12000/yr for 2015 ) but we don't have joint tax return to show this amount yet. My wife is an LPR btw.

Edited July 13, 2015 by Subee9

[Subee9 1]

Anyone with the knowledge please chip in! thank you.

[newacct 688]

Thank you very much for your reply. I really appreciate it.

I have another question. My wife started working (at the current job) about a year ago and we filed a joint tax return ( I am in F-1 status, I work part time at my school). So when we filed for the tax back in feb, 2015 she had only worked around 6 month. But combining mine and her salary came out to be $27000 which is over poverty line. Since then she has gotten a significant raise and makes around $33000/yr. But this will only show up in next years' tax return. Since my priority date (if everything goes right) is jan 2014 (current cut off is dec 2013) I will have to use last years (2014) tax return. So, my question is since the tax return is a joint tax return how do I show that on the i-864. What are the precautions I need to take being a joint tax return applicant. From what I have learned by scouring the internet, since I am the intending immigrant, I am not required to file another i864 correct? Also can my wife and I show the projected salary (hers is 33000/yr mine is 12000/yr for 2015 ) but we don't have joint tax return to show this amount yet. My wife is an LPR btw.

You answer each question as it asks.

For Part 6 #5 (my current individual annual income), she fills the annual salary of the job she has right now. In Part 6 #6 (Person 1), she fills your information and your current income, i.e. the annual salary of the job you have right now. #5 and #6c are added together to Part 6 #10 which is current annual household income. This is the number that has to exceed 125% of poverty level. You attach employer letters (if possible) and pay stubs to prove each of your respective current incomes. Since you are the intending immigrant, you do not need to fill out an I-864A; she checks Part 6 #12 (the person listed doesn't have to complete I-864A because he is the intending immigrant).

For Part 6 #13, she fills in the "total income" line from her tax returns from those years (no matter how she filled her tax return). And she also attaches her tax return documents or tax return transcript from the most recent year.

[Subee9 1]

Okay let me put my question one more time but in more detail.

I (husband) am a beneficiary. My wife is an LPR (a petitioner). My wife started working (at the current job) about a year ago and we filed a joint tax return ( I am in F-1 status, I work part time at my school). So when we filed for the tax back in feb, 2015 she had only worked around 6 months. But combining mine and her salary came out to be $27786.69 ($14243 wife and $13,543.69 Mine) which is over poverty line. Since then (in april, 2015) she has gotten a significant raise and makes around $33000/yr. But this will only show up in next years' (2015) tax return. So my question is should she still put $14243 (from our 2014 tax return) or put $33,000 (since the raise was given in 2015 we haven't filed any tax return so the only way to prove her new salary is to get a letter from her employer and recent pay stubs right?) in section 5, part 6 ?
Since my priority date is jan 2014 (current cut off is dec 2013) I will have to use last years (2014) tax return. So, my question is since the tax return is a joint tax return should I just put our individual salaries from W4 forms add it and write the total (which is $27786.69) in the section 10 part 6 (this number will be same as total income form line 22 of 1040 form) or should I put $46,543.69 [$33,000 (wife) + 13,543.69 (mine)] .

From what I have learned by scouring the internet, since I am the intending immigrant and a husband of a petitioner who is showing his income to satisfy the poverty line requirement, I am not required to file another i864 or 1864A. Is this correct?

I feel like I should just put the amount in tax return as it is clearly over the poverty limit ($27000) and not take chance with $33,000 (wife) + 13,543 (mine) = 46,543.

Sorry about lengthy questions. Thank you in advance. And please consult the attached file for more information.

Click the link to open the attachment http://postimg.org/image/s3qne5e71/

[Subee9 1]

For Part 6 #13, she fills in the "total income" line from her tax returns from those years (no matter how she filled her tax return). And she also attaches her tax return documents or tax return transcript from the most recent year.

First of all thank you newacct for your prompt response.

She didn't file income tax in 2012 so we only have 2013 and 2014. In 2013 our income was below the poverty line but for 2014 it is above the poverty line. So what should I do about part 6 # 13

[newacct 688]

First of all thank you newacct for your prompt response.

She didn't file income tax in 2012 so we only have 2013 and 2014. In 2013 our income was below the poverty line but for 2014 it is above the poverty line. So what should I do about part 6 # 13

For 2012 put something like "did not file" and as the instructions says, if she did not file because she was not required to file (i.e. her income was below theshold), she needs to attach an explanation. For 2013 and 2014 fill in the exact number it says on the "total income" line from her tax return. This has nothing to do with poverty line.

[almosttheeerr 12]

My wife (a petitioner) who is an LPR is sponsoring me (only me, we don't have kids). In the i864 form part 5 where it says, "persons NOT sponsored in this affidavit" : Yourself (i know my wife has to write 1 here) , but where it says " if you are currently married, enter "1" for your spouse," does my wife put "1" for me? because I am the one who she is sponsoring and the title says, "persons NOT sponsored in this affidavit." Furthermore I am already counted under the title "person you are sponsoring in this affidavit: enter the number you entered on line 7 of part 3."

Based on the information you have provided, is there a reason for you guys to file I-864? Because, based on info you have here, it looks like your wife can file I-864EZ. Why file I-864, which way more complex, when you are eligible to file I-864EZ?

[jjbandero 39]

To show that your wife's income is higher in 2015, you can get an income verification letter from her employer stating her current salary, and combine that with a few pay slips showing that she is actually getting paid that amount.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to Bringing Family Members of Permanent Residents to America ~