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Filed: Citizen (apr) Country: Vietnam
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Posted (edited)

Hi everybody, please help me. I have a couple questions on form I-864 that need your help. I have a joint sponsor to support my wife (was K1 fiancee) to apply for green card.

 

1/ Part 5, question 3, form I-864, "If you are currently married, enter "1" for your spouse".

My joint sponsor is currently married. My joint sponsor's wife doesn't get any financial support from him. His wife has her own income and has separate tax return. My joint sponsor also does't claim his wife as dependent on his tax return. In short, she is financially independent. So, please show me how to answer question 3, Part 5. Leave it blank or enter "1"?

 

2/ Question 19.b, 19.c, Part 6 ("2nd Most Recent" and "3rd Most Recent" Total Incomes)

Because my sponsor's Total Incomes for 2nd most recent and 3rd recent years don't meet 125% of Poverty Guidline, I decide not to submit Tax Returns for these years. For this case, can I leave blank for question 19.a and 19.c.

(I only submit Tax Return for most recent year (2016) because it meets 125% of Poverty Guideline)

 

Thank you in advance for any help.

Edited by danthong
Posted (edited)
16 minutes ago, danthong said:

Hi everybody, please help me. I have a couple questions on form I-864 that need your help. I have a joint sponsor to support my wife (was K1 fiancee) to apply for green card.

 

1/ Part 5, question 3, form I-864, "If you are currently married, enter "1" for your spouse".

My joint sponsor is currently married. My joint sponsor's wife doesn't get any financial support from him. His wife has her own income and has separate tax return. My joint sponsor also does't claim his wife as dependent on his tax return. In short, she is financially independent. So, please show me how to answer question 3, Part 5. Leave it blank or enter "1"?

 

2/ Question 19.b, 19.c, Part 6 ("2nd Most Recent" and "3rd Most Recent" Total Incomes)

Because my sponsor's Total Incomes for 2nd most recent and 3rd recent years don't meet 125% of Poverty Guidline, I decide not to submit Tax Returns for these years. For this case, can I leave blank for question 19.a and 19.c.

(I only submit Tax Return for most recent year (2016) because it meets 125% of Poverty Guideline)

 

Thank you in advance for any help.

1) If he is married, then enter 1 - a spouse can't even be a dependent so that doesn't matter and it's not asking for how they file their taxes or anything like it. It's asking if he is married. If he is, then she is part of that household.

 

2) No, you still have to fill them out, but you don't need to provide the tax documents. This is not what is used to compare against the 125% income, so it will not matter. They want to know that he has filed taxes. These numbers when they are over 125% can help show a stable sustained income, but when they do not other evidence of the current and stable ongoing income is submitted. The number that needs to meet the 125% is the current annual household income, and there needs to be good evidence of this.

 

edit: 19a-c need to exactly match his line 22 on the 1040 for those years. ( if not self-employed)

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Posted
2 minutes ago, danthong said:

Thank you, Suss&Camm. Your feedback released a lot of pressure in me. 

You're welcome! and don't forget to include w2 and all schedules if sending the return instead of a IRS tax transcript.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

 
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