I864- whos tax return information to consider?

[ndp125]

Hi,
I am applying for Green Card from MA. My wife is a U.S Citizen.

I am on H1b Visa and employed but my wife is unemployed. This has resulted in I being my own sponsor in form I-864.

Question1 :
In Part 6 (24, 25) of the form

If I provide my income as the household income (I am am the intending immigrant) would I have to mention my tax returns ? (1 year compulsory and 2 years prior to that - optional ) or would it be my wife's ?

Question 2:
In Part 6 (24,25) of the form
Regarding my (or my wife's) federal tax return, if we do not have the 3rd year's fed tax return (and only approx idea of our individual income) what would be the best option ?

Question 3:
In Part 6 (23) of the form:
There is a question mentioning that the sponsor (my wife) is unemployed since?

In this case would it be since she graduated from her Masters Program from college-(full time student) (June 2006) or till she did her last job (Aug 2005) which was an internship.



Thanks in advane
NDP.

[dr_lha]

Originally Posted by ndp125

I am on H1b Visa and employed but my wife is unemployed. This has resulted in I being my own sponsor in form I-864.

That is fine, remember that your wife has to be the sponsor however, your income can be included on the form as you are married to her, but her name needs to be on the form.

If I provide my income as the household income (I am am the intending immigrant) would I have to mention my tax returns ? (1 year compulsory and 2 years prior to that - optional ) or would it be my wife's ?

You should include both your and your wife's returns if you are including your income.

In Part 6 (24,25) of the form
Regarding my (or my wife's) federal tax return, if we do not have the 3rd year's fed tax return (and only approx idea of our individual income) what would be the best option ?

Which tax return would the 3rd one be? The most recent or the least recent? Whatever if your wife did not file a return she needs a letter in there as to why not.

[ndp125]

Thank you Dr lha for the reply.

I and my wife have our federal tax return form (w2 as well) for tax year 2006, 2005. However we both have ordered transcripts from IRS for 2004.

My wife did not pay taxes in year 2004 and she will be getting a letter stating the reason of why she hasn't paid the taxes. I did pay taxes and will be getting my transcript with W2 information.

Question:
Since the form I-864 provides two options in terms of federal tax return

1) The most recent year ( I and my wife (sponsor) have for 2006 )

2) All three years (2004 (ordered transcripts), 2005, 2006)

-We both currently do not have returns for 2004 , but we do have all tax documents for 2005.
- It will take some time for the 2004 transcripts to arrive. (about 10 - 15 days)



Would it be wise just to send 2005 and 2006 Tax Return now or should we only send 2006 Tax Return and select the 'the most recent tax return' option on the form.

Please let me know if the question is not clear.

ndp