I-864 Sponsor/Petitioner Federal Tax Return Question

I

imigzak

Registered Users (C)
Hi All,
I searched a lot, but did not find an answer to my specific question.

Here is my situation. My wife (USC) and I have filed taxes jointly for the past 3 years. I know that my income cannot be used for sponsoring purposes since I wasn't authorized to work.
The only income on the tax returns is mine, my wife is in med school (no income). In section 25 of the form, do I still put out total 1040 reported income (AGI), even though it shouldnt be counted for support (or self-support)??

I'm sorry if its a dumb question, but I just want to be sure.

Also, my in-laws will be a joint sponsor, so I'm not worried about meeting the requirements, just what I should put in this section.

Thanks in Advance.
 
In my opinion, you cannot use your 3 years of returns at all, since it was illegal work, i.e. your wife cannot show W-2 at all and neither can you show current income, as it is illegal to work for you presently till you get EAD.

You can only get Support from in-laws in its entirety.
 
Thanks for the reply.

So even though my wife is the petitioner, she does not have to file an affadavit of support?

Would my in-laws, just be the sponsor then? I thought the petitioner had to to file an I-864?

Can I use our tax returns for bonafide mariage documentation?? or I shouldnt do that either?
 
I checked the I-864 documentation again, and it does indicate that the petitioner (my wife) must file an I-864. So again the question is do I include our tax return which was filed jointly for both of us, but no income from her, and my income from unauthorized work??

Please anyone??
 
imigzak said:
I checked the I-864 documentation again, and it does indicate that the petitioner (my wife) must file an I-864. So again the question is do I include our tax return which was filed jointly for both of us, but no income from her, and my income from unauthorized work??

Please anyone??
Click to expand...

Wife must file I-864 even if the income does not meet the poverty guideline. When you say our tax return, does it reflect earnings that you made as well as your wife?
 
Thanks for replying NeShawn.

Yes, its joint tax returns, with the bulk (90%) of the earnings being mine, since she is a student.
 
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