separate petitioner's income from joint tax return?

[LucyF]

Hello,

 

Thanks everyone for posting all the useful information. I learned a lot for my green card application:) However here are two questions that I couldn't find a clear answer for:

 

1. For petitioner I-864 part 6 item 13, should I try to separate my husband (petitioner)'s income from the adjusted gross income in 1040 of our joint tax return? I have my name in 6a-c of part 6, but this item 13 seems to ask for petitioner only.

 

2. The current I-864 is expiring on 3/31/15, so does that mean I have to mail it out before that, if I'm using this current form? Or only the signature date matters please?

 

Thank you in advance for your time and help!

 

Lucy

[Randy W]

Hello,

 

Thanks everyone for posting all the useful information. I learned a lot for my green card application:) However here are two questions that I couldn't find a clear answer for:

 

1. For petitioner i864 part 6 item 13, should I try to separate my husband (petitioner)'s income from the adjusted gross income in 1040 of our joint tax return? I have my name in 6a-c of part 6, but this item 13 seems to ask for petitioner only.

 

2. The current i864 is expiring on 3/31/15, so does that mean I have to mail it out before that, if I'm using this current form? Or only the signature date matters please?

 

Thank you in advance for your time and help!

 

Lucy

 

 

They ask for what is reported on the tax return - you should report THAT amount, even if it was a joint return. If you live with your husband, there should be no need to separate the incomes.

 

The I864 form does NOT expire until it is replaced. When it IS replaced, they will usually provide a three month grace period during which they will accept either the old or the new forms.

 

See http://candleforlove.com/forums/topic/47720-a-little-confusion-over-the-omb-date-on-the-i-864/

[LucyF]

 

Hello,

 

Thanks everyone for posting all the useful information. I learned a lot for my green card application:) However here are two questions that I couldn't find a clear answer for:

 

1. For petitioner i864 part 6 item 13, should I try to separate my husband (petitioner)'s income from the adjusted gross income in 1040 of our joint tax return? I have my name in 6a-c of part 6, but this item 13 seems to ask for petitioner only.

 

2. The current i864 is expiring on 3/31/15, so does that mean I have to mail it out before that, if I'm using this current form? Or only the signature date matters please?

 

Thank you in advance for your time and help!

 

Lucy

 

 

They ask for what is reported on the tax return - you should report THAT amount, even if it was a joint return. If you live with your husband, there should be no need to separate the incomes.

 

The I864 form does NOT expire until it is replaced. When it IS replaced, they will usually provide a three month grace period during which they will accept either the old or the new forms.

 

See http://candleforlove.com/forums/topic/47720-a-little-confusion-over-the-omb-date-on-the-i-864/

 

You are awesome Randy! Thank you so much!

 

Another quick question though: in the RFE we received, USCIS asked very particularly about what to include in the employment letter. However, what if the standard employment letter I could get missed certain criteria?

 

For example, it asks about "prospects for the future employment and advancement". That is not stated in the employment letter I could get. However, it is well addressed in an employment extension letter I could gain. Is that sufficient for me to simply include this employment extension letter, and write something to explain?

 

Thank you again!

[dnoblett]

They are looking at the totality of situation, if employment looks to be short term, temporary, or short contract work, they want to know what your prospects are down the road, if they feel that at some point sponsor becomes unemployed and have difficulty supporting an immigrant, they may ultimately require a joint sponsor that has stable income.

 

Also the OMB date on the form comes up every time they come close to expiring, an OMB date is not an expiration date for the form.

 

See: http://candleforlove.com/forums/tags/forums/OMB/

[Randy W]

 

 

Hello,

 

Thanks everyone for posting all the useful information. I learned a lot for my green card application:) However here are two questions that I couldn't find a clear answer for:

 

1. For petitioner i864 part 6 item 13, should I try to separate my husband (petitioner)'s income from the adjusted gross income in 1040 of our joint tax return? I have my name in 6a-c of part 6, but this item 13 seems to ask for petitioner only.

 

2. The current i864 is expiring on 3/31/15, so does that mean I have to mail it out before that, if I'm using this current form? Or only the signature date matters please?

 

Thank you in advance for your time and help!

 

Lucy

 

 

They ask for what is reported on the tax return - you should report THAT amount, even if it was a joint return. If you live with your husband, there should be no need to separate the incomes.

 

The I864 form does NOT expire until it is replaced. When it IS replaced, they will usually provide a three month grace period during which they will accept either the old or the new forms.

 

See http://candleforlove.com/forums/topic/47720-a-little-confusion-over-the-omb-date-on-the-i-864/

 

You are awesome Randy! Thank you so much!

 

Another quick question though: in the RFE we received, USCIS asked very particularly about what to include in the employment letter. However, what if the standard employment letter I could get missed certain criteria?

 

For example, it asks about "prospects for the future employment and advancement". That is not stated in the employment letter I could get. However, it is well addressed in an employment extension letter I could gain. Is that sufficient for me to simply include this employment extension letter, and write something to explain?

 

Thank you again!

 

 

 

You should be okay - they are providing guidelines, not required specifics. Each employer has their own format for an employment verification. But if you can reasonably easily get the extension letter, you might just want to do that.

[LucyF]

Thanks so much Dnobeltt and Randy! I really appreciate it. Now I feel a lot more confident about this RFE:)