I-864 and I-864A Income Reporting

[KevinNelson]

Situation: We are petitioning for my step-son to finally come over. We have waited five years... and assuming politics doesn't go south on us, we hope he will be here by Christmas.

 

On the I-864 (where my Chinese wife is the sole petitioner) and I-864A (which I have to file to up the income and because we filed joint taxes), our combined income is roughly $45,000 for 2019. Ironically, spite the economic closure, we might have a higher income this year (but mostly through independent contracting work). But for 2018, it was roughly $30,000, and for 2017, only about $7,000. (I was a full-time graduate student in 2017 through early 2019.)

 

So, should we try to get by on just 2019's income alone, which is well above the 125% poverty rate, or should we do all three of the most recent tax years?

 

Thanks

[Randy W]

Your choice - it's not clear that the earlier returns would help, but they wouldn't hurt either, especially if they indicate a more stable source of income.

[KevinNelson]

Your choice - it's not clear that the earlier returns would help, but they wouldn't hurt either, especially if they indicate a more stable source of income.

Ironically, my last one is a conglomerate of 8 different W-2s... I'm a substitute teacher registered with five different school districts and my wife left two jobs part-time jobs in January of 2019 to take on more substantial hours at a job started in 2018.

 

However, I can't send a 2019 Tax Return Transcript because Covid-19 has killed the ability of the IRS to produce such documents for the time being. I'm told they won't be doing that until mid-July or later because we had to pay taxes.

 

Do you think it is worth getting an immigration lawyer involved because of how convoluted the political situation has become? I'm afraid of failure... in which case my 6-year marriage may also fail.

[Randy W]

As long as you can submit copies of your tax return(s), there is no reason to also submit tax transcripts.

 

A lawyer may or may not be able to help with the current situation.

[KevinNelson]

When filling out the I-864 and I-864A, the amounts I should put for income confuse me. We are married, filing tax returns. Should I mark in:

• I-864 Page 5 Part 6 #24
• I-864A Page 2 Part 4 #2

the same numbers/dollar amounts?

 

My wife is the sponsor for the I-864. I am the "household member" required to get the income over the top, so I am filing the I-864.

[Randy W]

The I-864 part 6 #24 asks for Adjusted Gross Income - as reported on your tax return. So, yes, that would include both incomes.

 

The I-864a part 4 #2 asks for the same thing.

 

Report your individual income in part 3, #7.