AOS help needed

[savagemiss 0]

My husband is the petitioner and he lives currently with his parents and his 2 children. we are having a little trouble filling out the i-864.

He doesnt cover the income requirments on his own so his mother is going to be the joint/co sponser. we have read that she also fills in the 864 because they have the same address but the taxes have always been joint filed with her husband (his father) so we have read that his father has to fill in the 864a. Our question is do we have to split up his mother and fathers tax information as they are filling out seperate forms? or can their earnings be shown together?

Thankyou in advance

this is really confusing us.

Vicki

[JFH 12,189]

His mother only needs to be involved if his father doesn't make enough on his own. If his father does, then you can go ahead and just have the father do the I-864. If they file jointly, he will need to send his W-2s to show what his income is.

Edited September 13, 2016 by JFH

[Nich-Nick 3,353]

It is confusing. I had to read the I-864 and I-864a instructions at least three times before it started to make sense.

With a joint sponsor situation, there is usually two separate I-864s...spouse and joint sponsor. That joint sponsor does not have to be related or even in the same state. BUT if you read "how can family members help?" It explains that if people are living together under the same roof, then they can combine their incomes to come up with a bigger "household income".

So spouse could add Mom to his I-864 as "Person 1" on page 5 and tell her income. Then #15 on the same page would add their incomes together. Mom would fill out I-864a which basically gives her permission for her son to promise her income on his form. She would have to provide proof she is a USC, her tax return, and proof of her separate income like an employer letter or pay stubs since the tax return doesn't distinguish hers from her husband's. I would also include something to prove Mom and son live at the same address. Maybe a photocopy of both driver licenses and a note scribbled on it "same household proof".

Her I-864a form would ask her to fill in tax information from the last three years. She can take that number straight off the joint tax return. That is a different topic than "my current annual income." It is simply asking for what her tax return says without altering the numbers because it is joint.

Edited September 13, 2016 by Nich-Nick

[savagemiss 0]

We are wanting both mother and father to be a part of the whole thing and we understand about my husband filling out an 864 also his mother filling out and 864 and his father to fill out the 864a. is that right? but again would they have to split up the income for the form? Sorry i didnt explain it too well.

[Nich-Nick 3,353]

We are wanting both mother and father to be a part of the whole thing and we understand about my husband filling out an 864 also his mother filling out and 864 and his father to fill out the 864a. is that right? but again would they have to split up the income for the form? Sorry i didnt explain it too well.

Yes you can do that way.

Spouse- I-864 with no family contributing

--and--

Mom- I-864 adding Dad as her Person 1

Dad- I-864a with Mom's form

I still don't follow your question about splitting up their income. Mom's form says "my current income" so that means only hers proven with employer letter and/or pay stubs. Dad's form asks the same about his current income and I think needs proof of the number he writes like an employer letter, or pay stubs. Then there is the "what's on your three latest tax returns" part of each of their forms. I would not split anything out for that section. Just copy Line 22 off the joint tax return and don't modify into his/her part of the tax return.

Did that answer your question?

[savagemiss 0]

Yes that answers it great thanks. the only issue is that they are both sub contractors so proof of income is their tax return. ( no pay stubbs). they do have an employer though but their pay is different every week so wanted to avoid going down that route. i am guessing we are going to have to. xx

[Nich-Nick 3,353]

Yes that answers it great thanks. the only issue is that they are both sub contractors so proof of income is their tax return. ( no pay stubbs). they do have an employer though but their pay is different every week so wanted to avoid going down that route. i am guessing we are going to have to. xx

Presumably each gets a separate 1099-MISC from the employer. You might want to include a photocopy of that with a notation written on it "Mom's separate income" and use that as the number for her current income. And the same for Dad. The tricky part is the income for USCIS purposes is only profit after self-employment deductions are subtracted prior to Line 22. I think seeing they both signed a support form and the joint Line 22 income is sufficient, they will have enough to approve. It's just their separate income part that doesn't exactly fit the form. Anyway the 2015 1099-MISC is about the only way I can think of to handle each of their "my current income" questions.

I will add my own situation didn't exactly fit the form I-864 at a the time. That version had nothing that described my income....not employed, not retired from...so I actually crossed out parts and created my own version of the question to fill in my source of income. And one of my tax returns was joint with my former husband. I didn't get an RFE, so there's hope they will figure out your slightly different situation.

Edited September 15, 2016 by Nich-Nick

[Ryan H 3,790]

***Hijack post along with reply to said post removed; if you have your own questions, you need to start your own thread.***