URGENT Questions on I-864, I-130, & I-485.

[smith95 0]

Hi everyone! My spouse and I are a little confused on specific details on the forms. We need to file the AOS package by next week because the medical exam record will be expired by then.

 

A little background information is that I am a US Citizen and my spouse is on a student visa (F-1) in the USA. We are both non-working, full-time students at university. 

 

I-864 

Regarding the Affidavit of Support 

Question 1: On page 5, part 6, number 20: It asks about my current annual household income. I receive FAFSA & VA Benefits which both are nontaxable income. Regarding FAFSA I receive almost $20,000 total for each school year counting grants, loans, and scholarships. Would I be allowed to include this grand total of almost $20,000 as my current annual household income, or would I have to go with the total that is after my tuition and fees come out of this financial aid? If I can include the entirety of the FAFSA income in addition with my VA Benefits income, I will make more than what is required for the Affidavit of Support for the $21,000+ income above poverty guidelines. If not, I will have to include my mother as a joint sponsor and her income is $29,000 each year total with nontaxable income as well. I would prefer to be the only sponsor, which is I am asking for specification and verification.

Question 2: On page 5, part 6, questions 23a: 

(23a - Have you filed a Federal Income tax return for each of the three most recent tax years: YES or NO.) Since my income is nontaxable and I do not file taxes, should I check no for if I filed taxes for each of the three most recent years? The last time I worked was in 2016, and I did file taxes for that year only. I don't think I would have to put this on my application as it specifically asks for each of the three most recent tax years.

 

- On question 24a-c: Should I leave my tax year and total income blank since I do not file taxes? 

 

- On question 25: The box states, "I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this." (I am unsure as whether or not I should leave it blank, because I make much more than the IRS required level but since my income is nontaxable I do not file.) 

 

Question 3: My additional question for this form is that my spouse receives income from his family each year for school and living expenses which amount to around $60,000 each year. We have consistent bank statement of incoming funds for record of this since his entire duration of being in the USA for school. Page 4, part 6, question 8: asks about "income from any other person who is counted in your household size. In certain conditions, this can be the intending immigrant. " We live together as a household of 2. Would I be able to put my spouse on here and combine his income with mine, as we live together and have a lease signed together as record of proof? Again, my spouse does not file taxes because he does not work and gets money directly from his family. We also have a joint checking and saving's account, can we put our bank balance down if needed? 

 

I-130 & I-485.

Question: Should we leave the employment history sections blank since we are both non-working, full-time students? Or do we put full-time student as occupation and past schools as employers? We do not work on campus or anything.

 

Thank you so much for the help! Any advises will be greatly appreciated. 

 

Edited September 25, 2019 by smith95

[Villanelle 4,125]

fasfa is not considered income.

[smith95 0]

We are unsure because we have heard differently after consulting with two different attorney's giving opposite answers, which is why we wanted to clarify on here and get as much information as possible. 

[payxibka 10,048]

FAFSA consists of scholarships/grants (not income), student loans (not income), and work study.