jme1323

Hi,

Background: I-130 petition recently approved on behalf of my husband in London. Working on the I-864s (for myself and my father, the joint sponsor) while we wait on the case number.

My father has employment income that is well above the poverty guidelines and this is all he plans to use on the I-864 to meet the requirement. However, he also has rental income.

In part 6, questions 13.a-c ask for the total income (gross income on IRS Form 1040) as reported on the Federal tax returns for the last three years. His TOTAL income won't match his tax returns if he only lists his salary for these three questions. But we don't want to have to provide information on his rental income in the assets section since he doesn't need to use assets to meet the requirement. Should he still list the total income including the rental income for part 6, question 13, since he has already clarified his individual annual income based on employment in part 6, question 5?

I hope that makes sense -- let me know if not.

Thanks for your help.

Jamie

civilservant

He should list ALL assets and income - he cannot selectively disclose things, since if the agreement was ever enforced by the Federal Government to recover payments made to the immigrant then those assets could be recovered.

jme1323

Ah, I see. I thought this was just another place where he only needed to show that he earns more than the poverty requirements, but that makes sense.

So just to clarify: In part 6, questions 5 and 10, he will list only his employment salary as his current individual annual income (and current annual household income)?

And in part 6, questions 13.a-c, he will list his total income including rental income for the last three years as reported on his 1040s?

Thanks,

Jamie

Noorah101

The money he receives from the rental property is income, not an asset.

He needs to fill in the I-864 accordingly. If it asks for a figure from the most recent tax return, then he should list it. When it asks for current income, he only needs to include income from the source(s) he wants to include. Since there will be a discrepancy, it would be helpful to make a spreadsheet demonstrating why. i.e. a column for the income and source of what he's listing, and a column for the income and source that he's NOT listing. He doesn't need to include proof of the income he's not listing on the I-864.

Rene

Noorah101

He does not need to list ALL assets and income. He can pick and choose which ones he wants to reveal, as long as it meets the income/asset requirement on the I-864P.

Rene

jeffreyhy

I disagree. If income is more than sufficient then there is no need to provide asset information.

In the event that the I-864 ever needs to be enforced, at that time the sponsor will either pay up voluntarily from whatever source they see fit, or the court will get involved when the government or the sponsored alien, as the case may be, sues the sponsor and whatever income and assets the sponsor has at that time will be looked at.

Regards, JEff

ian-mstm

For the I-864, he can indeed selectively disclose.

Ian

jme1323

Thanks everyone for your help!

Jamie