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I-864 for NVC and taxes versus transcripts

New York, NY |

So, my spouse and I submitted tax returns for four consecutive years with the IRS.
Spouse is USC and I am Non-Immigrant
My work visa ended and now im back (and filing for consular processing).

For a family of two, her income (as a sponsor) must exceed the threshold specified in i-864 P

I'm just curious about whether or not I need to SHOW her and my income seprately (in the form of a tax return as opposed to a tax transcript).

You see, we made over 100K+ every year the last four years - but as luck would have it i made about 80K every year.

Now, she is employed and has paystubs - but I was curious, about NVC and when submitting the AOS - should we include transcripts (which just show ONE joint income) or tax returns - which shows how much she made and how much I made (and so on

Attorney Answers 5


  1. Best answer

    USC sponsor must attach a copy if her federal tax returns, with all schedules, irregardless of whether she filed her taxes jointly or not. Since YOUR income was legally earned (and apparently reported) it can and will be taken into account as well. If you two lived under the same roof together for at least 6 months, you the beneficiary will need to complete and sign Supplement A to Form I-864 "contract between sponsor and household member".

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Review the exact filing instructions carefully, if still uncertain or confused, retain a licensed immigration attorney to complete the process for your family.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  3. My preference is to use tax returns and submit copies of all w2s and/or 1099s (and 1098s).


  4. I join in Mr. Behar's answer. Good and comprehensive explanation.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  5. Your income can be considered. In addition with tax returns submit paystubs for your wife's current job along with employment verification letter. If her current income is above the threshold, you should be ok. Consider hiring an immigration lawyer to handle the case for you.

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