Help I-864 Part.6 Item#19.a,b,c. Which income to use? (Individual vs Household)

[EKGlov 4]

Good morning, VJers

I have a question regarding I-864 Part.6 Item #19.a,b,c which asks for total income on tax return as reported on Federal income tax returns for the most recent three years. This I-864 will be signed by my mom in law who is my only joint sponsor.

The question is : If she filed jointly with her spouse, and she does not want to use her spouse' income for the affidavit of support, is it okay for her to put her INDIVIDUAL income as shown on her W-2, rather than the TOTAL household income as reported on the jointly filed tax return transcript(1040)? Or she still needs to put total household income as the instruction says.

She will attach a letter of explanation as to why the income she put on I-864 Item #19.a,b,c is not the same as the total income as reported on the transcript, and submit her W-2s for the recent three years as well as tax return transcripts.

Are we doing it right? The reason we are not putting total household income as reported on the transcript is that we do not intend to use both parents in law's income for affidavit and her individual income is well over than poverty guideline for 4 people.

I appreciate if you shed any light on this matter. Thank you so much.

[teeak 224]

No, for Question 19a, b, c, she will need to list exactly what's on her joint tax return.

You will put her individual income in Part 6/Number 15.

No need to attach a letter of explanation. Just attach a copy of her W2 to evidence that the amount listed in Number 15 is true/consistent. As always, you should submit other financial evidence as well: pay stubs, job letter etc.

Edited February 11, 2016 by teeak