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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

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Attorney answers 5

Best Answer
Posted

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.

Asker

Posted

We were under the same roof (or rather roofs) for 4 years :) But I am a nobody - not permanent resident, not USC, not H1-B anymore. Do I still have to file a i-864 A ??

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Correct.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Yes, since you filed your taxes together.

Matthew David Jesse Udall

Matthew David Jesse Udall

Posted

About the need to submit an I-864A to show the sponsored immigrants income…. First, I don’t generally submit I-864A forms in my cases (just never need to before) so in light of that fact I suppose I could be wrong here but I question the need for an I-864A to be filed by the sponsored immigrant in this case. First, according to the instructions the I-864A may only be used when a sponsor’s income and assets do not meet the income requirement. It appears that the sponsor does in fact meet the minimum income requirement. Second, see the I-864A instructions (I’ve posted a link to them with this reply) under the section, “If the intending immigrant is a household member, must he or she complete the form?” The answer (in the instructions) includes the following language….”only if you have accompanying dependents”. http://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf Also see Part 6, subsection 6b on page 6 of the I-864 instructions. It also says that he or she does not need to complete I-864A unless he or she has accompanying children. http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Posted

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

Asker

Posted

Thank you. Your response gives me some certainty.

Posted

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

Asker

Posted

Would the NVC not like my income listed on there ?

Asker

Posted

as in if it was a transcript - it would combine both incomes

Posted

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.

Asker

Posted

Following up: Can I as a nobody, file a i-864 A ? Im just her husband. Im not a current visa holder, permanent resident and us citizen

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Thank you for marking the answer helpful.

Asker

Posted

Appreciate your time gentlemen

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Oh. You are so welcome!

Posted

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.

Asker

Posted

Ok. Assuming her current income is above the threshold, do I write our consolidated income for the last three years (from the tax transcript) into the i-864 -- or -- just HER income from 2013 ?