I-864a - further clarification and confirmation

ndp125

Registered Users (C)
Hi,
kkboy has already responded to my question however, I need to make sure that I am clear keeping in mind the delays in processing due to wrong information.

I am on H1b married to USC (my wife) and am applying for Permanent Residency.

Now we have filed our joint Tax Return for 2006.

In form 864 section 25 (Federal Income tax return information) it has been mentioned that :
=============================
(chosen option)
I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year.



(most recent)
My total income (adjusted gross income on IRS Form 1040EZ) as reported on myFederal tax returns for the most recent three years was:

(most recent) $
(2nd most recent) $
(3rd most recent) $
=============================================
Now here my wife's (USC) income was $0 however if we go by total income on IRS Form then it is 'our' income since we have filed taxes jointly.

So does joint income count (which includes mine--already mentioned in section 24 b ) or would it be $0

KKboy already answered and I am writing down the interpretation of his response for clarification and confirmation

Most Recent Income - Joint income (since my wife does not have a job at this point and we are already married in this case)

2nd most recent income - My income+ my wife's income. ?? (even though we are not married or living together and have NOT filed joint income tax return)


3rd most recent income - My income + my wife's income ?? (even though unmarried and NOT filed joint Tax Return)



--- So even though we have separate 'tax returns' we provide a SUM of our incomes and not just by wife's income. Even though my wife is the USC sponsoring me ?

--- This is because only my household income is considered and my wife has not been earning in last three years (2006,2005,2004).


----- I was doing job search in year 2004 so my income is below poverty line.
However, it is above poverty line in 2005, 2006 so can this be a problem ?
 
Are you using your income to qualify above the poverty level? If so you as the intended immigrant should not fill out I-864A. I-864A is only for a household member who's income is being used who is not the intended immigrant.

You should use your wages on the I-864, added to anything that your wife has made.
 
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