I-864 Income requirement for last three years

Z

zulfikar.ali

New Member
Ok, here is the situation. My wife (USC) is sponsoring my green card and we have filed all the forms in Chicago lock box. Now I got a RFE for I-485 requesting "Affidavit of support" form I-864. I was under the impression that as I am already living in US and working full time (H1B), we didn't need to file I-864. I guess we were wrong.

My question is, does my wife have to make $16K + for last three tax years or currently she needs to make $16K +? She graduated from college last year and started working full time in january, 2004. So in 2004 she made way above $16K, but in 2003 and 2002 she barely made any money as she was in college.

I called USCIS customer service, the lady rudely told me that my wife (sponsor) needs to make $16K + for all three (2002, 2003, 2004) tax years. Now we don't want our family get involve as joynt sponsor unless we absolutely don't have to.

Your comments/suggestions are greatly appreciated.

Thanks.
 
I had the same case. To be on safe side my husband filed I-864A with me. You don't have to get family's help. You can be a Co-Sponsorer by filing I864A.
Regarding income requirement there are different opinions for all 3 years or just recent year.
 
amishah -- thanks for your response. We got married on April 2nd, 2005, but we have living together in the same address since 2002. So can I combine my income with her's for 2002, 2003 and 2004 even though we weren't married then but reside in the same address?

thanks.
 
amishah said:
I had the same case. To be on safe side my husband filed I-864A with me. You don't have to get family's help. You can be a Co-Sponsorer by filing I864A.
Regarding income requirement there are different opinions for all 3 years or just recent year.
Click to expand...

As per my understanding, I doubt you can do that. Sponsor should be having enough income (125% or more than poverty line) with 3 years of W-2s. If not, you have to have co-sponsor. Co-sponsor can be anybody in US (USC - in or out of family). You cannot include your husband as co-sponsor as he is not USC.
 
no, Amishah got it right. Joint-sponoring is not the same as contributing to the household income.
A household member that is contributing to the household income attaches a 864a to the sponsor's 864, and this person can be the sponsored immigrant. There is no co- or joint- sponsor when the primary sponsor uses total household income to qualify.
A joint-sponsor would fill out a new 864 of his own and this person would need to be a USC or LPR.

To Ali - you will see that on the form, you are answering questions and combining household income for only the most current year. You have to submit the 3 years of returns, but the form itself only relates to the most current. Sometimes it is a problem when only the last year meets the minimum, but not always. There is nothing wrong with attaching a separate paper that explains the income or anything in the earlier years. The instructions say so. I hope this helps you - good luck
 
Looks like there is no definite answer for this sort of case. I read the FAQ for I-864 and found that current years income weight the most. I think I am going to add my salary with my wives, so our household income will be way over mimimum income level. Also I like the idea of writing an explanation letter. I found this,

"17. How is eligibility of a person to sponsor immigrants determined?


There is no set formula for determining whether a person qualifies as a sponsor. The greatest weight will be placed on earnings from current employment and the total unadjusted income shown on the most recent three tax returns. In most instances a sponsor who is employed and demonstrates ability of household members to earn income at or above 125 percent of the poverty line for the number of persons who will be supported will be found eligible."

Thanks.
 
Another I-864 question

Sponsor's unemployed so we got a joint sponsor.
Joint sponsor's income is sufficient but he lost his tax return for 2002 so I have the ones from 2004, 2003 and 2001. I guess if you fail to provide less than 3, you have to give an explanation. Should I just write a letter or any thoughts on how to proceed?
Thanks.
P
 
pondicherry said:
Sponsor's unemployed so we got a joint sponsor.
Joint sponsor's income is sufficient but he lost his tax return for 2002 so I have the ones from 2004, 2003 and 2001. I guess if you fail to provide less than 3, you have to give an explanation. Should I just write a letter or any thoughts on how to proceed?
Thanks.
P
Click to expand...
If he has filed a tax return for 2002 but have lost it, he can call IRS and get a transcript for last 3 years.
 
I dont know about the previous years but I my wife is currently unemployed when we filed. We filed the I864, my statement or I864a that my income should be taken for this purpose and we filed her last three IRS returns which showed that she made more than the poverty level. So I think you ca ninclude yourself and don't have to involve relatives. Regarding previous years I do not know. May be someone else will be able to help.
 
pondicherry
you can request the co sponsor to request a copy from IRS . Their number is on the IRS website. It is free and is sufficent for USCIS. Just type previous year return in search and you will get the numebr to call.
 
Need RFE address for AOS application to Chicago lockbox

zulfikar.ali, can you give me the address to send the RFE? I submitted my I-130, I-485 and I-765 applications only to find out later that I forgot to include current employment information with the affidavit of support. I'd like to send it before they ask for it but I'm not sure where. Please let me know where did you send your RFE paper. Is it just the Chicago lockbox address for the application? Thanks!
 
Affidavit of Support - I 864A

Hi All
I am in dilemma. My mom has filed for my Family based GC. Now as I am filing for I-485, it requires to have I-864 (Affidavit of support). My mom retired so long ago,so she doesn't have any income. Right now I am on H1B.
Can I show support to myself using I-864A form, or it has to be somebody else from family, not me to file for I-864A(Affidavit of support)?

Help is much appreciated....
 
AbyRai said:
Hi All
I am in dilemma. My mom has filed for my Family based GC. Now as I am filing for I-485, it requires to have I-864 (Affidavit of support). My mom retired so long ago,so she doesn't have any income. Right now I am on H1B.
Can I show support to myself using I-864A form, or it has to be somebody else from family, not me to file for I-864A(Affidavit of support)?

Help is much appreciated....
Click to expand...
I think you can do it provided you have to be living in the same house for atleast 6 months.
It is there in I864's instruction.
 
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