Sorry but more questions

[MarcRosie]

I know it may seem like I ask a lot of questions about everything, but I just want to make sure I get this all right.

 

Would my wife need to fill out the I-864EZ? The qualifications to do so are....

 

All three of the following are true:

• You filed a Form I-130 petition for your relative, and
• there is only one applicant on the Form I-130 petition, and
• all your qualifying income comes from a salary or pension and shows one or more W-2 Forms that you receive

All of the qualifying income DOES come from a salary...mine. The W-2's are through my company and come to me, but we file jointly. So my wife doesn't actually 'receive' the W-2s.

 

But does the above allow us to use the I-864EZ or should we use the I-864?

 

Thanks and sorry for all the questions.

 

Marc

[Randy W]

It's a CHOICE - you CHOOSE which income you need to show for her. Then, if it will ALL show up on the I-864EZ, you may CHOOSE to use that, rather than the I-864. If she has no income, then, yes, technically all of her income is shown on a W-2.

 

But it says, "one or more W-2's". The I-864EZ is a good CHOICE for someone whose salary alone is adequate

 

Seems to me that the I-864 is a better choice, that all you'd be saving by going to an I-864EZ is ink and paper.

[MarcRosie]

I saw where the I-864EZ is for someone with no joint sponsor. Technically, the money I make is hers too, but the W-2's are from the company I work for and have my name on them, so we'll just go with the 864 and 864A.

 

Thanks Randy!

[MarcRosie]

On the 864 my wife is filling out it says:

 

Part 6. Sponsor's Income and Employment

My total income (adjusted gross income on IRS Form 1040EZ) as reported

on my Federal tax returns for the most recent 3 years was:

 

Since she is unemployed I'm assuming I would leave these blank since I'm filling out the 864A.

 

Thanks!

[newacct]

I know it may seem like I ask a lot of questions about everything, but I just want to make sure I get this all right.

 

Would my wife need to fill out the I-864EZ? The qualifications to do so are....

 

All three of the following are true:

• You filed a Form I-130 petition for your relative, and
• there is only one applicant on the Form I-130 petition, and
• all your qualifying income comes from a salary or pension and shows one or more W-2 Forms that you receive

All of the qualifying income DOES come from a salary...mine. The W-2's are through my company and come to me, but we file jointly. So my wife doesn't actually 'receive' the W-2s.

 

But does the above allow us to use the I-864EZ or should we use the I-864?

 

Thanks and sorry for all the questions.

 

Marc

 

She does not qualify for the I-864EZ. I am not sure what you quoted from, but one of the conditions for I-864EZ is "I am using only my own earned or retirement income". She is not using only her income to qualify -- she is also using yours to qualify.

 

On the 864 my wife is filling out it says:

 

Part 6. Sponsor's Income and Employment

My total income (adjusted gross income on IRS Form 1040EZ) as reported

on my Federal tax returns for the most recent 3 years was:

 

Since she is unemployed I'm assuming I would leave these blank since I'm filling out the 864A.

 

Thanks!

 

You are talking about Part 6 item 13? No, the sponsor (she) is required to fill out this information, in any situation (even if there's a joint sponsor; or in this case, when using a household member's income). A U.S. citizen or permanent resident is required to file U.S. taxes unless their income that year is below the threshold for filing. According to the I-864 instructions, if she did not file taxes for any of those years because she was not required to (because her income was too low) she needs to attach a statement saying so.

 

Also, you will not be filling out an I-864A, since you are the intending immigrant. The intending immigrant's income can be included without filing out an I-864A.

[MarcRosie]

Also, you will not be filling out an I-864A, since you are the intending immigrant. The intending immigrant's income can be included without filing out an I-864A.

 

I'm not the intending immigrant. Her daughter is.

 

According to the I-864 instructions, if she did not file taxes for any of those years because she was not required to (because her income was too low) she needs to attach a statement saying so.

 

But we filed jointly. She was listed on these returns as not having any income. Just I had income. But she would not file a return seperately, so she has none except for the ones we have from filing jointly.

[Randy W]

I'm confused about what to do when you have two joint filers (yourself and your spouse) both filing affidavits of support. I realize the directions seem to indicate that you need to file two separate I-864/I-86aA's showing your separate income, especially since it only calls for one signature.

 

However, it makes no sense whatsoever to have to either separate your income, or to claim it on both.

 

In the past, I've always assumed that a husband and wife who file jointly would file a single I-864. That usually makes sense, even when only one person can sign the I-864.

 

Your case is different because your wife is the petitioner. It still seems to me that a single I-864 SHOULD suffice including both incomes - I'll see if I can research that some more.

[Randy W]

Your wife's Total Household Income is entered on the I-864 in Item 6.c. Current Income - "Income you are using from any other person who was counted in your household size" Thus, it WILL show on her I-864, and you may fill out your own I-864A to indicate your support.

 

Yes, show $0 (NOT blank) for her income, but list your own income in this section on her I-864, in addition to your own I-864A.

 

Item 10 on HER I-864 - "My Current Annual Household Income" - is what will be compared against the Poverty Guidelines. This figure INCLUDES your income.

 

It seems like that's the best way to file it, since it will show your agreement and support.

[MarcRosie]

Thanks Randy! Makes sense. Just one more thing. Line 13 talks about her filing Federal tax returns. Then in 13a, b and c they want you to list what years and income. Enter nothing or list our 2013, 2012 and 2011 returns?

[dnoblett]

Thanks Randy! Makes sense. Just one more thing. Line 13 talks about her filing Federal tax returns. Then in 13a, b and c they want you to list what years and income. Enter nothing or list our 2013, 2012 and 2011 returns?

You and your wife filed joint returns, so list the joint income that was reported on the past 3 years returns, if the 2011 return was not a joint return from before marriage, then she would show zero for 2011, but still attach that return, since your income is what they are looking at.

[newacct]

Also, you will not be filling out an I-864A, since you are the intending immigrant. The intending immigrant's income can be included without filing out an I-864A.

 

I'm not the intending immigrant. Her daughter is.

 

Sorry I misunderstood (not enough information in the thread). Yes, you are correct. She will fill out I-864 as the petitioner, and you will fill out I-864A as her household member.

 

According to the I-864 instructions, if she did not file taxes for any of those years because she was not required to (because her income was too low) she needs to attach a statement saying so.

 

But we filed jointly. She was listed on these returns as not having any income. Just I had income. But she would not file a return seperately, so she has none except for the ones we have from filing jointly.

 

Since you filed jointly, for Part 6 question 13, list the "total income" number from the tax returns that you guys filed jointly.

 

I'm confused about what to do when you have two joint filers (yourself and your spouse) both filing affidavits of support. I realize the directions seem to indicate that you need to file two separate I-864/I-86aA's showing your separate income, especially since it only calls for one signature.

 

However, it makes no sense whatsoever to have to either separate your income, or to claim it on both.

 

In the past, I've always assumed that a husband and wife who file jointly would file a single I-864. That usually makes sense, even when only one person can sign the I-864.

 

Your case is different because your wife is the petitioner. It still seems to me that a single I-864 SHOULD suffice including both incomes - I'll see if I can research that some more.

 

There is just one sponsor (his wife), filling out I-864, and he is a household member of the sponsor, filling out I-864A. They are not both filling out Affidavits of Support; the wife is filling out an Affidavit of Support, and he is filling out a contract to support the sponsor. There is only a single I-864 (the wife's).

 

His wife (the sponsor)'s I-864's "household income" will include his income, because he (as spouse) is included in her household. That's why the I-864 has a section to list the household members and their incomes. In order for that to work, he also needs to fill out an I-864A.

 

Your wife's Total Household Income is entered on the I-864 in Item 6.c. Current Income - "Income you are using from any other person who was counted in your household size" Thus, it WILL show on her I-864, and you may fill out your own I-864A to indicate your support.

 

Yes, show $0 (NOT blank) for her income, but list your own income in this section on her I-864, in addition to your own I-864A.

 

Item 10 on HER I-864 - "My Current Annual Household Income" - is what will be compared against the Poverty Guidelines. This figure INCLUDES your income.

 

It seems like that's the best way to file it, since it will show your agreement and support.

 

yes