IMMIGRATION: Form I-864

Asked over 2 years ago - Atlanta, GA

I am the Petitioner filing Form I-130 for my spouse for AOS and about to complete Form I-864. I will have a Joint sponsor to also complete another Form I-864 because I have been unemployed since 05/01/2011. My questions are (one) Do I specify my spouse income which is like 35k a year on section 24b of Form I-864 that states (Income you are using from any other person who was counted in your household size) or will that cause an issue since my spouse also applied for work authorization (Form I-765) And if I do, do I submit my spouse W2 forms? and (two) Do I need to include the my last Tax return information for 2010 (the last time I filed my taxes) or I will not require to submit any Tax info since I did not file taxes last year?
Regards.

Attorney answers (3)

  1. Neil Ian Fleischer

    Contributor Level 20

    2

    Lawyers agree

    Answered . Your spouse's income will only be counted if she worked legally in the US

    USCIS will want a letter explaining why you did not file taxes

    Good lcuk

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  2. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Mr. Fleischer is correct. However, this may get complicated. You may want to hire an immigration attorney to file the forms and documentation to support your case.

    If the USCIS demands a request for additional evidence, then I strongly recommend that you hire a competent and experienced immigration attorney as soon as possible.

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

    Contributor Level 20

    Answered . I agree with my colleagues.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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