Are I-864 questions 19.b & 19.c required?

[camdenl 0]

My income increased drastically last year, the prior two years my income was below the required level as I was a graduate student. Am I required to fill out 19.b and 19.c? If I am required, does my income have to be greater than 125% of the poverty level for ALL 3 years or just the most recent year?

[aleful 1,905]

hi

yes to the first and no to the second

[KayDeeCee 4,892]

You are required to fill in your Total Income from your last 3 years of tax returns as it asks for that section of the form. The info from your tax returns is something separate from your current annual income, that you enter in another part of the form.

[gpiper 77]

Does beg the question why they ask for the 3 years though. Can't be to check you filed taxes.

[newacct 688]

You don't have to have any of the last 3 tax year's "total income" above 125% of the poverty level. What you need to have over 125% of the poverty level is your current income.

[gpiper 77]

In that case why have the 3 boxes asking for the amounts? What purpose do they serve?

Is it a residual question from a bygone era?

[newacct 688]

In that case why have the 3 boxes asking for the amounts? What purpose do they serve?

Is it a residual question from a bygone era?

Because they want to ask? They don't need a reason to ask you questions. But it does serve as an indicator of the consistency of income, which could be a factor in their determination.

[gpiper 77]

Yes they can ask what they like.. Why not questions on my shoe size or how much did I weigh when I was 21...

All questions... But do they serve any purpose.

My thoughts were they were looking at income consistency, however everywhere I have looked has said it is the current income that is a deciding factor for making a decision. Maybe it's used when the decision for yay or nay is very close.

[KayDeeCee 4,892]

Yes they can ask what they like.. Why not questions on my shoe size or how much did I weigh when I was 21...

All questions... But do they serve any purpose.

My thoughts were they were looking at income consistency, however everywhere I have looked has said it is the current income that is a deciding factor for making a decision. Maybe it's used when the decision for yay or nay is very close.

It is two things.

1) You must have filed taxes, or explain why you were not legally required to do so, or your I-864 will not be accepted. They ask that you enter the Total Income from the last 3 years, or include a statement explaining why you were not obligated to file any of the last 3 years.

2) They do look at the totality of the sponsor's situation. The current annual income is the most important factor, but they also like to see stability, and want to know the income will most likely stay at the sponsorship requirement level.

You can read through this for details > https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-16960/0-0-0-17008.html#0-0-0-11209

(C ) Sufficiency of income. Except as provided in this paragraph, or in paragraph (a)(1)(v)(B) of this section, the sponsor's affidavit of support shall be considered sufficient to satisfy the requirements of section 213A of the Act and this section if the reasonably expected household income for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status, calculated under paragraph ©(2)(iii)(A) of this section, would equal at least 125 percent of the Federal poverty line for the sponsor's household size as defined in 8 CFR 213a.1 under the Poverty Guidelines in effect when the intending immigrant filed the application for an immigrant visa or for adjustment of status, except that the sponsor's income need only equal at least 100 percent of the Federal poverty line for the sponsor's household size, if the sponsor is on active duty (other than for training) in the Armed Forces of the United States and the intending immigrant is the sponsor's spouse or child. The sponsor's household income for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status shall be given the greatest evidentiary weight; any tax return and other information relating to the sponsor's financial history will serve as evidence tending to show whether the sponsor is likely to be able to maintain his or her income in the future. If the projected household income for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status meets the applicable income threshold, the affidavit of support may be held to be insufficient on the basis of the household income but only if, on the basis of specific facts, including a material change in employment or income history of the sponsor, substitute sponsor, joint sponsor or household member, the number of aliens included in Forms I-864 that the sponsor has signed but that have not yet entered into force in accordance with paragraph (e) of this section, or other relevant facts, it is reasonable to infer that the sponsor will not be able to maintain his or her household income at a level sufficient to meet his or her support obligations.

Edited May 16, 2016 by KayDeeCee

[camdenl 0]

So how could I convince them my current income is stable if I'm self-employed?

[kris_hetfield 11]

I'm curious how my situation would be viewed. I expect to submit this in 2017 and wanted to know how my profile might look when assessing my situation:

2014: Unemployed Graduate Student

2015: Graduate student who did an internship and made the 100% Cutoff that year

2016: Working Professional with full time permanent job earning 90k/yr

Edited May 16, 2016 by kris_hetfield

[fmirandam 7]

If you read the instruction to Form I-864, you have

Item Numbers 18.a. - 20. Federal Income Tax Return Information

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your

Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to

establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual

income tax returns for the three most recent years.

You should submit only your current income!! We did that!

[MoroccanEscape 31]

I-864 additional question. I was living in Morocco for most of 2014 (July-Dec) and from (Jan-May) 2015. I did not file taxes in 2014 as my income prior to moving to Morocco was not enough to file. Another twist to this is I was in the midst of a divorce in 2014 and during the subsequent move out of the country, I did not receive my W2's from the employment I had in early 2014. Would a letter attached to the I-864 be sufficient, explaining my situation as to why I didn't file in 2014 ? I have tax transcripts and W2's from 2012, 2013 and 2015. I am submitting this information this week, so any help from others would be appreciated.

[fmirandam 7]

As a US citizen you are require to file taxes even if you live abroad. You should count the income for the whole year, not for the period you were in the US. If you US + Morocco income combined was below the limit for filing taxes then you are good. If not, you should file your taxes for 2014. You can try to get your W2 by email. You will likely not pay any taxes for your income in Morocco but you are required to file anyway.

If your income for the whole year of 2014 was below the required level, the a letter would be ok. But I would absolutely recommend that you try to recover your W2 for 2014.

[MoroccanEscape 31]

As a US citizen you are require to file taxes even if you live abroad. You should count the income for the whole year, not for the period you were in the US. If you US + Morocco income combined was below the limit for filing taxes then you are good. If not, you should file your taxes for 2014. You can try to get your W2 by email. You will likely not pay any taxes for your income in Morocco but you are required to file anyway.

If your income for the whole year of 2014 was below the required level, the a letter would be ok. But I would absolutely recommend that you try to recover your W2 for 2014.

I did work while I was in Morocco but was paid in cash in all instances. I have no way to claim that income. My income here in the US and that in Morocco (from all sources) still was not enough to file taxes. I guess I will submit a letter saying this and see what happens. I have contacted the company I worked for months ago to get the W2's from 2014 and never received them. I can always try again I suppose. Thanks !