Can we use I-864EZ? (Confused about current vs. past income)

[heythereluna 51]

Hi everybody,

 

I tried coming up with the answer myself, but I think I'm getting more and more confused...

My husband (petitioner and sole sponsor) and I are waiting for our case number at NVC right now. We have everything prepared except for the I-864 form since I'm really unsure about what version we should be using.

 

For 2018, all conditions for I-864EZ apply. That is, all of his current income (and future projected 2018 income) is based on W-2 salary (of course, he only has pay stubs to show so far).

However, last year he lived off of savings, unemployment benefits, and a smallish W-2 (which will be reflected in his tax transcript, I suppose). Is that relevant at all? I'm asking since on the EZ form they're also asking about past income, and I don't understand if that past income also needs to meet the three conditions named in the table above.

 

Can anyone enlighten me, please?

 

Thank you!

 

[arken 4,197]

I’d fill i864 just in case, it’s just a few pages longer.

[TNJ17 1,329]

Current employment is what counts. You can use pay stubs and a letter from the employer to verify current salary and position and whatnot. They need tax returns from previous years to make sure they pay taxes. 

[Khallaf 650]

44 minutes ago, heythereluna said:

Hi everybody,

 

I tried coming up with the answer myself, but I think I'm getting more and more confused...

My husband (petitioner and sole sponsor) and I are waiting for our case number at NVC right now. We have everything prepared except for the I-864 form since I'm really unsure about what version we should be using.

 

For 2018, all conditions for I-864EZ apply. That is, all of his current income (and future projected 2018 income) is based on W-2 salary (of course, he only has pay stubs to show so far).

However, last year he lived off of savings, unemployment benefits, and a smallish W-2 (which will be reflected in his tax transcript, I suppose). Is that relevant at all? I'm asking since on the EZ form they're also asking about past income, and I don't understand if that past income also needs to meet the three conditions named in the table above.

 

Can anyone enlighten me, please?

 

Thank you!

 

as long as your husbands previous tax return covers the 125% of poverty level you will be fine to use the I-864ez, however if his current income tax return does not yield what is needed to pass the 125% of poverty level regardless of current employment letter you will need to have a sponsor. 

 

I have seen others who have letters and pay stubs to show what they currently making but have been given a form at interview to get a sponsor.

[TNJ17 1,329]

16 minutes ago, Khallaf said:

as long as your husbands previous tax return covers the 125% of poverty level you will be fine to use the I-864ez, however if his current income tax return does not yield what is needed to pass the 125% of poverty level regardless of current employment letter you will need to have a sponsor. 

 

I have seen others who have letters and pay stubs to show what they currently making but have been given a form at interview to get a sponsor.

She literally said the opposite. Current income is ok. Past income is not. 

[geowrian 22,337]

There have been instances where somebody's current income was not accepted as satisfactory by the CO (or an IO for AOS) to meet the public charge risk requirements. This is typically with new jobs, unstable work, borderline income, etc. The CO/IO looks at the totality of the circumstances. For instance, the past tax returns of a student who graduated and entered the workforce full-time say very little about their ability to support the intending immigrant...pay stubs and an employment letter would carry much more weight. Whereas somebody a little older who is working on and off at various locations that just so happens to be making above the current income level would likely raise more concern of the intending immigrant becoming a public charge.

 

Some COs are more strict on this than others. In general, past tax returns for a wage earner are not good evidence of current income (but still required) and they look at the pay stubs and employment letter as their primary source of evidence to support the current income level.

Edited March 15, 2018 by geowrian

[Khallaf 650]

17 minutes ago, TNJ17 said:

She literally said the opposite. Current income is ok. Past income is not. 

all though OP didn't say if the income report on the tax return was above the limit or not, hence the reason I answered the way I did  

[heythereluna 51]

Thanks, all, for your replies.

I guess I should have been more clear... His annual income is above the 125% mark of the poverty level for each year 2014–2018 (for a three-people household, in our case). That's not my issue. I'm really just asking a technical question about whether we are satisfying the conditions of filling in Form I-864EZ.

[heythereluna 51]

2 minutes ago, heythereluna said:

Thanks, all, for your replies.

I guess I should have been more clear... His annual income is above the 125% mark of the poverty level for each year 2014–2018 (for a three-people household, in our case). That's not my issue. I'm really just asking a technical question about whether we are satisfying the conditions of filling in Form I-864EZ.

Okay, or even if this will remain unclear: Is there any harm in using I-864 even though you would technically qualify for using I-864EZ? In choosing between the two, is there a wrong choice we could be making?

[pushbrk 12,975]

4 hours ago, TNJ17 said:

Current employment is what counts. You can use pay stubs and a letter from the employer to verify current salary and position and whatnot. They need tax returns from previous years to make sure they pay taxes. 

For qualifying, yes.  However, if the W2 income from 2017 is less than the amount needed to qualify, then you cannot use the I-864EZ.  Use the I-864.  Yes, really.

[heythereluna 51]

13 hours ago, pushbrk said:

For qualifying, yes.  However, if the W2 income from 2017 is less than the amount needed to qualify, then you cannot use the I-864EZ.  Use the I-864.  Yes, really.

Ah! Okay. So there's no harm in using I-864, even if we were allowed to use I-864EZ?

[arken 4,197]

5 hours ago, heythereluna said:

Ah! Okay. So there's no harm in using I-864, even if we were allowed to use I-864EZ?

Nope.

[heythereluna 51]

15 hours ago, arken said:

Nope.

I asked one of the NVC phone operators the same question last night, and he confirmed this too.

 

Thanks everybody! I think we'll just go with the general I-864 form then and be on the safe side.