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  • I 864 form Help

    Hi everyone,
    I am so confused by this form even after reading the instruction and specifically the total income and annual income (from your tax return part). My husband did not know what to do either, so I hope someone here had the same experience and can share some advice.

    Part 5 of the form Spouse Household income point 7 asking for the individual annual income ( which in my opinion is the sponsor -my hubby income). Later in part 6 point 24a is asking adjusted gross income form form 1040 IRS, which is our joint income since we filed together. The way is worder in part 6 it looks like they are asking just for the sponsor's income since it say "My total income ..." I googled it and found different info with two opposite answers. According to nolo.com only the sponsor's income needs to be included in part 6, however another website suggest that the number should match the number on the tax return regardless joint or individual and if they dont match my papers will be rejected and returned. I am confused as to which income I need to report in part 6 point 24a if you filled jointly, but only using one of us (the sponsor) income.

  • #2
    (I will assume you are filling out the 03/10/21 edition.) Assuming that your husband is the petitioner, he would put is own current individual income (the current salary of his current job) in Part 6 #7. If his own current individual income is sufficient, then he would not put anything in Person 1-4, and Part 6 #20 (his current household income) would be the same as Part 6 #7. If his own current individual income is insufficient, and he needs to include your income, he would put your name and current income in Person 1 (Part 6 #8-10), and his current individual income would add with your current individual income to get to his current household income (Part 6 #20).

    For Part 6 #24a-c, he must put the exact number on the "total income" line of his tax returns for the last 3 years, no matter if he filed jointly or separately. There is no expectation that the "total income" on his past tax returns match his current household income.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      I am filing the 10/15/19 edition as it says it expires 10/31/2021. Is this the correct one? Also yes his income is enough and he is not using anyone else or me as a sponsor, also my understanding is that the 3 years income is optional and its not needed is the total income is sufficient. Is this correct?

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      • #4
        The 10/15/19 edition of I-485 and I-864 will only be accepted up to April 19, 2021 (i.e. it must be received by USCIS by then). If it is received after that, it must be the 03/10/21 edition.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Okay ! i will look into it depending on the time I am filing. Thank you for your help! As for the 3 year income and tax transcripts is this something that is optional as per instructions ?

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          • #6
            Originally posted by SmithB View Post
            Okay ! i will look into it depending on the time I am filing. Thank you for your help! As for the 3 year income and tax transcripts is this something that is optional as per instructions ?
            Yes, only 1 year is required.

            You can use the 03/10/21 edition to file I-485 and I-864 now, if you want. Unless there is a specific reason why you want to use the 10/15/19 edition.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Are the forms different? I looked and they seem the same? This one is the one I had started working on, but yes If I have to or is better I can file the newer addition

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              • #8
                Originally posted by SmithB View Post
                Are the forms different?
                Yes, the forms are different but a lot of the same information is needed to fill the new form. You can get the new form from
                Use this form to apply for lawful permanent resident status if you are in the United States.
                Nov 2018 - Package sent - EB - Texas Service Center
                Day 1 - Package received at the lockbox
                Day 999 - Card delivered to me - Aug 2021
                ---
                All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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