I-864 - Past 3 years Income

[KN52821 3]

Hello!

 

Filing for Adjustment of Status and I-864 for a spouse in (mid) 2021. No dependents. My "current" (for year - 2021) income is above poverty guidelines. My 2020 income is also above the poverty guidelines. But 2nd most recent and 3rd most recent years are not above poverty guidelines - because I was a student. 

 

Part 23.a. I have filed taxes past 3 years but only the most recent year meet the poverty guidelines. I will have to select yes (i.e., Yes, I have filed taxes for the past years).

Part 23.b I understand that this is optional and I do not to submit the tax documents for 2nd and 3rd most recent years - So i leave this unchecked. 

Question - Part 24.b and 24.c - Since I left 23b unchecked, can I leave 2nd and 3rd most recent years' income as blank? 

 

Concerned because - I said yes for 23.a - that I have filed taxes for the past 3 years. Will there be an RFE because of this? Or am I just overthinking this? Or do I need transcripts for 2nd and 3rd most recent year to prove I was a student then? 

 

Any advice would be very helpful!!

 

Thank you very much!

Edited June 8, 2021 by KN52821

[payxibka 10,045]

1 minute ago, KN52821 said:

Hello!

 

Filing I-130 and I-864 for a spouse in (mid) 2021. No dependents. My "current" (for year - 2021) income is above poverty guidelines. My 2020 income is also above the poverty guidelines. But 2nd most recent and 3rd most recent years are not above poverty guidelines - because I was a student. 

 

Part 23.a. I have filed taxes past 3 years but only the most recent year meet the poverty guidelines. I will have to select yes (i.e., Yes, I have filed taxes for the past years).

Part 23.b I understand that this is optional and I do not to submit the tax documents for 2nd and 3rd most recent years - So i leave this unchecked. 

Question - Part 24.b and 24.c - Since I left 23b unchecked, can I leave 2nd and 3rd most recent years' income as blank? 

 

Concerned because - I said yes for 23.a - that I have filed taxes for the past 3 years. Will there be an RFE because of this? Or am I just overthinking this? Or do I need transcripts for 2nd and 3rd most recent year to prove I was a student then? 

 

Any advice would be very helpful!!

 

Thank you very much!

You don't file the i864 with the i130.  You will submit the i864 to NVC.

[KN52821 3]

Hello - We are doing a concurrent filing. I-130 and I-485 - AOS.

[KN52821 3]

Hello!

 

Filing for Adjustment of Status and I-864 for a spouse in (mid) 2021. No dependents. My "current" (for year - 2021) income is above poverty guidelines. My 2020 income is also above the poverty guidelines. But 2nd most recent and 3rd most recent years are not above poverty guidelines - because I was a student. 

 

Part 23.a. I have filed taxes past 3 years but only the most recent year meet the poverty guidelines. I will have to select yes (i.e., Yes, I have filed taxes for the past years).

Part 23.b I understand that this is optional and I do not to submit the tax documents for 2nd and 3rd most recent years - So i leave this unchecked. 

Question - Part 24.b and 24.c - Since I left 23b unchecked, can I leave 2nd and 3rd most recent years' income as blank? 

 

Concerned because - I said yes for 23.a - that I have filed taxes for the past 3 years. Will there be an RFE because of this? Or am I just overthinking this? Or do I need transcripts for 2nd and 3rd most recent year to prove I was a student then? 

 

Any advice would be very helpful!!

 

Thank you very much!

[payxibka 10,045]

24 minutes ago, KN52821 said:

Hello - We are doing a concurrent filing. I-130 and I-485 - AOS.

Then you submitted it with the i485, not the i130.  Context is important. 

 

Just because the two older years did not exceed the threshold,  is not a valid reason to leave something blank.  You will fill in all three years income regardless but you only need to send the most recent transcript 

[Chancy 6,241]

23 minutes ago, KN52821 said:

Part 24.b and 24.c - Since I left 23b unchecked, can I leave 2nd and 3rd most recent years' income as blank? 

 

No, you are required to enter the actual figures from your tax filings, even if you are not required to submit the transcripts for those years.  Leaving the fields blank would not be truthful.

 

Note also that CURRENT income is listed under part 6, items 7 & 20.  Not item 24, which is for summarizing PAST income as reported in your tax returns.

 

[payxibka 10,045]

33 minutes ago, KN52821 said:

Hello!

 

Filing for Adjustment of Status and I-864 for a spouse in (mid) 2021. No dependents. My "current" (for year - 2021) income is above poverty guidelines. My 2020 income is also above the poverty guidelines. But 2nd most recent and 3rd most recent years are not above poverty guidelines - because I was a student. 

 

Part 23.a. I have filed taxes past 3 years but only the most recent year meet the poverty guidelines. I will have to select yes (i.e., Yes, I have filed taxes for the past years).

Part 23.b I understand that this is optional and I do not to submit the tax documents for 2nd and 3rd most recent years - So i leave this unchecked. 

Question - Part 24.b and 24.c - Since I left 23b unchecked, can I leave 2nd and 3rd most recent years' income as blank? 

 

Concerned because - I said yes for 23.a - that I have filed taxes for the past 3 years. Will there be an RFE because of this? Or am I just overthinking this? Or do I need transcripts for 2nd and 3rd most recent year to prove I was a student then? 

 

Any advice would be very helpful!!

 

Thank you very much!

Do not overthink.  You read the instructions carefully,  you interpret and follow literally.   

 

Fill in the three years information and submit the most recent transcript.  Why?  Because that is exactly what it is telling you to do. 

[Crazy Cat 41,981]

46 minutes ago, KN52821 said:

Since I left 23b unchecked, can I leave 2nd and 3rd most recent years' income as blank? 

No.  If you filed taxes for all three years, you must enter the information for all 3 years in 24a, 24b, and 24c.  However, you can opt to submit only the most recent tax documents if you wish.

Edited June 8, 2021 by Lucky Cat

[Ontarkie 14,279]

~~Duplicate threads merged. Please only start one thread for the same or related topic~~

[KN52821 3]

Thank you for your responses!! Appreciate your help!

 

Just a quick question - Do I need a joint sponsor in this case? 

[carmel34 3,639]

22 minutes ago, KN52821 said:

Thank you for your responses!! Appreciate your help!

 

Just a quick question - Do I need a joint sponsor in this case? 

This depends mainly on your current income.  Current income (e.g., 1 month salary x 12) is the most important predictor.

[KN52821 3]

2 minutes ago, carmel34 said:

This depends mainly on your current income.  Current income (e.g., 1 month salary x 12) is the most important predictor.

My current income is above poverty guidelines. But 2nd and 3rd most recent years is not. So I do not need joint sponsor - Correct? 

 

Thank you

[carmel34 3,639]

1 hour ago, KN52821 said:

My current income is above poverty guidelines. But 2nd and 3rd most recent years is not. So I do not need joint sponsor - Correct? 

 

Thank you

The officer will make a judgment call, based on the "totality of the circumstances," so there is no way to know for sure if a joint sponsor will be needed until you go through the process--every case is different.  From other's experiences here on VJ, I would say you should be okay if your current income is well above the minimum, and you clearly explain the reason (being a full-time student) for the years when your income was zero.  A good future career path would be considered as well, as would expenses in the area where you live.  The minimum current income is a guideline, not a guarantee that your case will be approved without a joint sponsor.  If you are concerned, or want peace of mind, having a joint sponsor ready to go (I-864 completed with supporting financial documents) is a good idea in case they ask for one.  Good luck!

[KN52821 3]

19 minutes ago, carmel34 said:

The officer will make a judgment call, based on the "totality of the circumstances," so there is no way to know for sure if a joint sponsor will be needed until you go through the process--every case is different.  From other's experiences here on VJ, I would say you should be okay if your current income is well above the minimum, and you clearly explain the reason (being a full-time student) for the years when your income was zero.  A good future career path would be considered as well, as would expenses in the area where you live.  The minimum current income is a guideline, not a guarantee that your case will be approved without a joint sponsor.  If you are concerned, or want peace of mind, having a joint sponsor ready to go (I-864 completed with supporting financial documents) is a good idea in case they ask for one.  Good luck!

That makes sense! Appreciate your patience! Thank you

[USC4SPOUSE 506]

@KN52821 I think that you should be just fine if your current income and your 2020 income meet the income requirements.

make sure to include your paystubs. 
best wishes on your journey!