I864 household income requirement

[Freckles21 1]

Hi everyone, 

just had a quick question and hope someone could answer it. If it household income is 27,000 for 3 people, and let’s say the 2020 tax income of the petitioner was 31,000 is that sufficient enough for the petitioner to be a sponsor with no problems? Or should we add a joint sponsor or household member. Thanks!

[aaron2020 11,651]

Current income is what matters.  Google I-864p.

$27,000 income for 2021 for a family of 3 is not enough.  Would need a Joint Sponsor.

[Freckles21 1]

4 minutes ago, aaron2020 said:

Current income is what matters.  Google I-864p.

$27,000 income for 2021 for a family of 3 is not enough.  Would need a Joint Sponsor.

Oh no I think you didn’t quite understand what I said. 27,000 is the number on the I-864p list for the 125% over poverty line for a family of 3. And my husband makes more than that per year but on his 2020 tax return he made 32,000. So will that be okay. Because they’re only asking to submit his 2020 tax return.

[aaron2020 11,651]

5 minutes ago, Freckles21 said:

Oh no I think you didn’t quite understand what I said. 27,000 is the number on the I-864p list for the 125% over poverty line for a family of 3. And my husband makes more than that per year but on his 2020 tax return he made 32,000. So will that be okay. Because they’re only asking to submit his 2020 tax return.

You're not understanding how the I-864 works.

 

His 2020 tax return is not current income.  That's last year's income.  Current income is what he is making NOW.  What is your husband making NOW?

[Freckles21 1]

7 minutes ago, aaron2020 said:

You're not understanding how the I-864 works.

 

His 2020 tax return is not current income.  That's last year's income.  Current income is what he is making NOW.  What is your husband making NOW?

I know that it’s not current obviously. So id have to calculate what he has so far and predict the next three months on what he’s going to be making. So if the USCIS people keep asking for the 2020 tax return what’s the point of that? So he needs to be earning more than 27,000 from January of this year to December of this year. 
 

He works on salary not hourly. He earns 75,000 a year which includes bonuses. 

[aaron2020 11,651]

The I-864 is judged on the totality of circumstances.

 

Past income is an indication of how reliable is his source of income.  It's one factor.  This is why they want his 2020 income tax return.  The I-864 requires the latest tax return which is 2020. 

Current income is the main factor.  

[Freckles21 1]

34 minutes ago, aaron2020 said:

The I-864 is judged on the totality of circumstances.

 

Past income is an indication of how reliable is his source of income.  It's one factor.  This is why they want his 2020 income tax return.  The I-864 requires the latest tax return which is 2020. 

Current income is the main factor.  

Okay 

[katelynmseng 0]

That is big for me 😵

[KayDeeCee 4,891]

11 hours ago, Freckles21 said:

I know that it’s not current obviously. So id have to calculate what he has so far and predict the next three months on what he’s going to be making. So if the USCIS people keep asking for the 2020 tax return what’s the point of that? So he needs to be earning more than 27,000 from January of this year to December of this year. 
 

He works on salary not hourly. He earns 75,000 a year which includes bonuses. 

You don't calculate from what he's made so far and guess the rest of the year. It's current ANNUAL income. How much in a year's time, not a certain year or from a certain month. If his annual salary is $75k, then that's what you list. Provide letter from employer stating his salary. Most recent tax return is required of everyone for the I-864, so that's why they want the 2020 return.

[Freckles21 1]

6 hours ago, KayDeeCee said:

You don't calculate from what he's made so far and guess the rest of the year. It's current ANNUAL income. How much in a year's time, not a certain year or from a certain month. If his annual salary is $75k, then that's what you list. Provide letter from employer stating his salary. Most recent tax return is required of everyone for the I-864, so that's why they want the 2020 return.

I did put $75k on the i864 and provided everything they needed and we still got an RFE letter. I did provide a letter from his employer which states that’s how much he makes, as well as pay stubs from the last 6 months and all taxes from the last 3 years(w2s, 1040s and 1099) . I have a feeling they probably misplaced our paperwork. 

[elkski 28]

1 hour ago, Freckles21 said:

I did put $75k on the i864 and provided everything they needed and we still got an RFE letter. I did provide a letter from his employer which states that’s how much he makes, as well as pay stubs from the last 6 months and all taxes from the last 3 years(w2s, 1040s and 1099) . I have a feeling they probably misplaced our paperwork. 

did the RFE only ask for proof of income? 

[Freckles21 1]

10 minutes ago, elkski said:

did the RFE only ask for proof of income? 

The RFE letter asked for a completed and signed I-864 form and most recent federal tax return. And that’s it. So I was thinking of filling out the I864EZ instead of the regular I-864 since it’s a shorter form, just sponsoring me and we check off all the requirements.