H1B holder - Wife no income - I864 Affidavit of Support

[catchmeifucan]

Hi I am new to the forum and have a question on I864 – Affidavit of Support

I am in US on H1B visa and married to a US citizen last year. My employer already completed my labor and I140 but we are planning to apply for my GC through marriage. My wife’s last year income was low and we are planning file taxes together this year. Also, she doesn’t have any income in the previous year. Therefore tax returns were not filed. I have all the taxes filed in the previous years and with a decent pay to support ourselves. I own a home in US with mortgage and planning to add her to the deed. I also have a 401K and some savings.

How should I file the I864-Affidavit of Support as my wife income is not significant? Any suggestions are greatly appreciated.

Thank you,

catchmeifucan

 

[BetterWorld]

She still need to file returns (last 3 yrs) and I-864 even she doesn't have any income.

Your income can be used to meet min income requirements (add values of assets like savings a/c's, property, cars etc if its not upto 125% of the povertyGuidelines).

Here's I-864 guidelines:

" If certain conditions are met, the intending immigrant'sincome can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he orshe obtains lawful permanent resident status. "
Though even i don't understand this part completely:
"if it will continue from the same source after he orshe obtains lawful permanent resident status "

Hi I am new to the forum and have a question on I864 – Affidavit of Support

I am in US on H1B visa and married to a US citizen last year. My employer already completed my labor and I140 but we are planning to apply for my GC through marriage. My wife’s last year income was low and we are planning file taxes together this year. Also, she doesn’t have any income in the previous year. Therefore tax returns were not filed. I have all the taxes filed in the previous years and with a decent pay to support ourselves. I own a home in US with mortgage and planning to add her to the deed. I also have a 401K and some savings.

How should I file the I864-Affidavit of Support as my wife income is not significant? Any suggestions are greatly appreciated.

Thank you,

catchmeifucan

 

[Aayitrun]

I am in the same position as you are, and apparently you need a letter from your employer that says you are in a full-time position with xxxxx salary. basically its to show that ur not like a contract employee or a an intern.

 

[Jackolantern]

How should I file the I864-Affidavit of Support as my wife income is not significant? Any suggestions are greatly appreciated.

Your wife still needs to fill out the I-864, writing in her own zero or low income where her income is requested. For question 24(b), she'll write your income and then add it to her own income for the total in 24(c).

Note that if you have worked long enough to accumulate 40 quarters of Social Security credits, you would file I-864W instead of I-864.

 

[catchmeifucan]

another dilemma on I864

Here is the tricky part. My wife was recently divorced and we got married last year. Now she is sponsoring my GC. She didn't have any income in 2010 so the taxes weren't filed. Where as I have decent annual income from last 6 years but I didn't accumulate 40 quarters of credit for 864W.

In 2011 we filed combined tax returns. But her previous two years were like this 2010 - no income so no tax return; 2009 - filed with ex-husband.

What are my options now.

1) Can I use my tax returns under single status for 2009 and 2010; I have assets worth $100K in US. Do they qualify for I864?
or
2) Include the tax returns from my wife's 2009 with ex-husband
or
3) Find another sponsor other than my wife?

THX

 

[Jackolantern]

You can use your tax transcripts or evidence of assets to satisfy the I-864 requirements. Just gather the necessary documentation and write the relevant amount for question 24 and/or 28.

You don't have to produce evidence of your income and assets if your assets alone or income alone is sufficient. For marriage to USC the required asset amount to eliminate the income requirement is 3 times 125% of the poverty line for your household size -- $100K would be more than enough if you don't have dependents (other than your spouse). Just be aware of the restrictions surrounding what assets can be used -- for example you can't list a car if it's your only car, and a house's value for the purpose of the I-864 is the net amount after the mortgage balance is subtracted.

With you having all the necessary income or assets, she only needs one tax return or transcript, she doesn't need to provide the last 3 years.