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When filing an I-864 should my husband calculate his projected income or previous income from tax returns?

Brooklyn, NY |

My USC husband is filing an I-864 for my greencard. Do we calculate his projected income for 2013 or do we use his income from previous years for his "individual anual income?

Attorney Answers 5


  1. It is either ACTUAL income, i.e. what he is currently earning, or the income reflected on his most recent tax returns.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. It is either based on his prior return, or actual income he can show that he earned

    This message is intended as general information and does not create an attorney-client relationship. If you are interested to speak with me directly, please contact me at 604-671-7600.


  3. You use his current income but indicating monthly and not annually; Keep in mind that USCIS is allowed to rely on the previous year income tax

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. It's current individual income. If the individual income is not enough, he has to find a joint sponsor.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com


  5. You can use his most recent annual federal tax filing at a minimum. The Immigration Service can look at your last 3 years of filings at most. I see no need to offer projected earnings for 2013 unless you are lacking sufficient past earnings to demonstrate financial ability in accordance with the poverty income guidelines set by the government.

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