Skip to main content

Form I-864 questions, part 6, box 5

Alexandria, VA |

On form I-864 part 6, number 5, my current individual annual income is $3500 for January and February 2014 (doesn't meet the poverty guide line). In 2013 I made $32000. What amount should I put in the box 5 part 6?
I work as a waiter so my income fluctuates.

Attorney Answers 5

Posted

You give your projected yearly income, your pay stubs evidencing that you are getting it and 2013 taxes and W-2. If we had to just put the monthly income, very few people would qualify.

This is not legal advice and a client attorney relationship is not created.

Mark as helpful

Posted

It's your best guess as to what your annual income will be, not what you have currently made so far this year.

Mark as helpful

2 comments

Asker

Posted

I'll make around 30k+ for 2014, I guess I need to make copies of paychecks, my W-2 for 2013, tax transcripts for the last 3 years. Should I put in box 5 $30000+ since I work in a restaurant and the income fluctuates?

Andrew T. Brooks

Andrew T. Brooks

Posted

You should put in what your projected annual income is.

Posted

You should put your 2013 income with paystubs /2013 tax transcripts /2013 W2s attached to the affidavit.

Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

Mark as helpful

1 lawyer agrees

Posted

Your question shows why having an immigration attorney do these types of forms is a good idea. :) If you have not already filed your 2013 taxes/received your tax returns, write the estimate of your annual income for 2013, rather than the actual income for the few months you have been actually paid. If that amount does not meet the guidelines, you will need a co-sponsor.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

Mark as helpful

Posted

You'll need to base your income on your last filed tax return. You should file your 2013 tax return before filing the I-864 application unless you earned enough in 2012. Disclosing your 2013 W-2 wages with the 2012 tax return/transcript can confuse USCIS and the National Visa Center. It can trigger what is called a "kickback letter." Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

Mark as helpful

1 comment

Asker

Posted

Thanks a lot to everyone for your best answers.

Tax law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics