I-864 Affidavit of support (supporting documentaion)

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miami_boy

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hi, i got a few questions about i-864 form.
1. According to my wife's most recent tax return and W2 her income is more than enough to sponsor me. Our household includes me and her only, no other dependants. Do we need to provide any additional documentation along with the copies of W2, 1040, 1099? I'm talking about employer's letter, pay stubs, etc.

2. My wife has started a new job january 2013, where she is currently working, obviously there is no info about her new job in her 2012 tax return. So if we need to provide any additional documents listed in question 1, should she get them from her current employer or from the one listed in her 2012 tax return/W2?

3. part 6, question 5. current individual annual income. is it the one according to most recent tax return or her income at her current job (if so, do they need an approximate number since we are in the middle of the year?)

4. part 6. income you are using from any other person who was counted in your household size, including in certain conditions, the intending immigrant.
if my wife's income already meets the requirement, should we name me as person #1 and count my income as well or just leave it blank? i have been working with no work permit, but has always filed my taxes. i'm not sure if i have to mention this fact. btw there are two or three more forms asking about my employment history or current job, should i just tell them truth since i have been working illegaly?
 
1. The tax return and W2 are supporting documentation for the tax return income from those years. The employer letter an pay stubs are supporting documentation for the current income, which is a separate question on the form. It's the current income that needs to meet the 125% poverty line.

2. Again, proving her current income is a separate issue from past years' tax information. Yes, she should have employer letter and/or pay stubs to prove her current income, especially if her work situation recently changed.

3. The salary of her current job, regardless of how long she has worked there. i.e. the answer to the question, how much do you make a year at your job? If it's a salaried position, this should be simple. If she makes hourly wages, you can estimate by multiplying the hourly wage by how many hours she works per week, and then by 52.

4. Unauthorized work is not allowed to be counted for the I-864 anyway. Yes, you should be honest. If your wife is a U.S. citizen (i.e. you are applying as the spouse of a U.S. citizen), then past unauthorized work is forgiven and does not affect your green card application. Having filed taxes is a good thing.
 
Don't list your income on the I-864, because it's unauthorized employment which cannot be used for the purpose of the I-864. However you'd list your employment on other forms like G-325A.
 
so, in part 6, should we leave questions 6 to 9, persons 1-4 blank? (since my income doesn't count and she wouldn't use it anyways)?
 
hey guys, we just got my wife's most recent tax papers from her tax guy, and it turned out that her 2012 gross income was 19,114 which is not enough to qualify... :(:(:(
we can't count my income. so what are the options? i have to find somebody to co-sign?
if we need a joint sponsor, should we make any corrections to i-864 or just leave it as it is, and attach i-864A?
i guess a joint sponsor also have to provide his/her w2s, 1040, 1099, pay stubs, employer's letter as well?

ps. her current annual income (2013) is around 30k though, somebody said that it is the current income that has to meet 125% poverty line requirements, if it is true, are we ok then?

sorry about the amount of questions, i'm sooo confused right now....
 
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This might help:

According to the instructions for the I-864 (page 5) in regards to Part 6 Line 5. Current Individual Annual Income it states:
Enter your current individual earned or retirement annual income that you are using to meet this requirement of this form and indicate the total on this line. You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.

The instructions go on, but you stated that your wife makes about 30k right now. I suspect that she got a new job at some point earlier this year or during 2012. So, for Part 6 Line 5 put down her current annual income (what she expects to make in 2013), and since it is different from last years taxes she might want to get a letter from her employer that shows the employer's address and telephone number, and indicating the annual salary. Another way to show the current individual annual income is though pay stubs showing your income for the previous 6 months. (The letter and pay stub part is straight from the instructions.)

You would put the current annual income on Part 6 Line 5. In terms of line 6, this is where the instructions say one thing and the form say something else. The instructions state for the primary person, the sponsor, to be listed in line 6, but the form says line 6, 7, 8, and 9 are for others. Then since there is no other sponsors in the family leave Lines 7, 8, and 9 blank. Then carry what you put on Lines 5 (and 6c, 7c, 8c, 9c if you had anything in there) for the income onto Line 10. If Line 10 is over the amount listed in I-864P then a co-sponsor will not be needed.

The part about taxes from last year is still required and you would still have to include a copy of your tax return or transcript for 2012.

I should note that what I stated is based on my interruption of the information given and the instructions for the form. I am also a layperson so my suggestions should not be taken as legal advice.
 
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thank you very much for the advice, yes, she started a new job january 2013, and her current income is higher than the one from last year.
 
miami_boy said:
thank you very much for the advice, yes, she started a new job january 2013, and her current income is higher than the one from last year.
Click to expand...

Your welcome. I updated my post at 7:24pm since there is a difference in the instructions then what the form says. Don't know if you wife also needs to put her information on line 6 also... instructions say so, but the form makes it sound as if not. My opinion would be to go with the form and since it says to add 5, 6c, 7c, 8c, and 9c to leave 6-9 blank.
 
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