guitarmaan

I'm working through the I-864. This is what Xmas holiday time is all about

Just to recap my American wife is sponsoring me to emigrate to the USA, via London. I have reached the case number stage.

Here are three statements about I-864 I believe to be correct. And if I'm wrong please tell me! Thank you. Sorry for it being long winded.


Previously there was some debate over whether to declare my wife's savings including my own or separate from my own. The conclusion was to do the form both ways to cover all angles.

1.However, I'm now thinking we'll have to list my wife's savings as separate to my own because on the form her tax returns are separate and it would just confuse the whole issue. To add my own income to hers would put her over the US tax threshold etc. Her savings of around $124,000 are over the minimum required level anyway.

2.She is a housewife and therefore her individual income is technically zero for the I-864. Her only assets are her savings.

3.I thought I had to include an I-864A for myself, but we don't require an I-864A because I am the intending immigrant. When adding together income, it would also lead to duplication in I-864 question 29. I can't declare my savings here and on the I-864A as well.
I notice the instructions for the I-864A specifically state the immigrant can only be entered on this form providing their current income will continue once permanent resident status has commenced. My UK job will end in the UK, and therefore I cannot be considered a household member for the I-864A.

Apologies if this sounds muddled. I am just trying to work through it methodically and thinking out loud. I have read the guides available, and will refer to them again. But sometimes an additional voice helps.

Now, any takers?

Noorah101

1. Since your income will stop once you leave the UK, your income can't be included on her I-864 anyway, so no need for an I-864A.

2. If you have savings, the savings can be included on her I-864 because you are married. It doesn't matter if she has included your income or savings on her tax returns or not. For the I-864, your savings and her savings can be combined as one total amount as an asset, simply because you're married. If her individual savings of $124K is enough to cover the asset requirement (3x what would have been needed in income), then your savings do not need to be listed or added to hers.

Rene

jeffreyhy

What is "the case number stage"? Do you mean that you are preparing the visa application and its supporting documentation? I'm puzzled as to why you are talking about combining your savings with your wife's in the same sentence with her tax returns. That is confusing! How does showing your income on her I-864 put her over a tax threshold?
Again I don't understand what your point is. I do wonder where she's stashed her $124,000 - under her mattress? If that were my money I'd have it someplace where it could earn a return (low as interest rates are these days), in which case she would have income greater than zero - nothing "technical" about it. I agree.
How so? The I-864 would show $0 for item 27 and the amount of your savings in item 28, which should match the amount shown on for I-864A item 12.
Correct
Not correct - what about your assets? Not that you have to declare them, but if you want to you can. As already discussed, you don't use I-864A because you are the intending immigrant, but you are a Household Member. Accepted. Regards, JEff

jeffreyhy

Savings do not show on an income tax return. Income from the saving should be shown (unless the saving are in some kind of tax-deferred investment), but the savings themselves are not income.

Regards, JEff

guitarmaan

1. Since your income will stop once you leave the UK, your income can't be included on her I-864 anyway, so no need for an I-864A.- Rene

ok, no I-864A. That's one less form to fill out, good. My current income will only appear in 24 of I-864.

2. If you have savings, the savings can be included on her I-864 because you are married. It doesn't matter if she has included your income or savings on her tax returns or not. For the I-864, your savings and her savings can be combined as one total amount as an asset, simply because you're married. If her individual savings of $124K is enough to cover the asset requirement (3x what would have been needed in income), then your savings do not need to be listed or added to hers.- Rene

I guess I won't declare my own savings at all, since there is no real need to do so. It's perhaps better to keep things simple. There is just the two of us and I believe $124K is enough (note to self to double check this)

What is "the case number stage"? -Jeff

We've been given a case number and can proceed to medical and interview.

I'm puzzled as to why you are talking about combining your savings with your wife's in the same sentence with her tax returns. That is confusing! How does showing your income on her I-864 put her over a tax threshold?-Jeff

I just mean her tax returns are for her alone, so to start combining my income with hers complicates. If my income were considered as also hers, she'd be liable for US tax bills because her income would rocket up on paper! A bit silly I know.

If that were my money I'd have it someplace where it could earn a return (low as interest rates are these days), in which case she would have income greater than zero - nothing "technical" about it.-Jeff

Hmm ok. I didn't consider interest on her savings as income, but you say it is. So therefore her annual interest on savings (approx $3100) should be on the I-864 as income. OK I understand.
And in view of this, though as a housewife her income is zero, on the form her income will be interest earnt from savings.

How so? The I-864 would show $0 for item 27 and the amount of your savings in item 28, which should match the amount shown on for I-864A item 12.-Jeff

Yes I guess so. I was thinking my savings would duplicate in item 27 (from I-864A) and in item 28 as the immigrant. But I now won't do an I-864A.

Not correct - what about your assets? Not that you have to declare them, but if you want to you can. As already discussed, you don't use I-864A because you are the intending immigrant, but you are a Household Member.-Jeff

My assets qualify I suppose, instead of income. In the guidelines on the site it does say don't complete an I-864A if your current income will cease in the US, and mine will. My assets will still be there though.
But since it's my sponsors assets that are vital here, I am inclined only to mention my assets in item 28 as the immigrant. If they are visible in 28, then surely no need to add them elsewhere also? (unless I'm missing something). I'm just trying to simplify things for anyone reading the docs. It's blowing my own mind compiling them and I have all the data to hand already. I take pity on anyone checking my I-864 at the embassy

Savings do not show on an income tax return. Income from the saving should be shown (unless the saving are in some kind of tax-deferred investment), but the savings themselves are not income.-Jeff

Understood, sure. Savings are savings, and interest is income. No problem.

Looks like I have a tome here. Ooops

jeffreyhy

You are creating confusion where none need exist by conflating the Affidavit of Support with an income tax return. She does not have to show your income on her tax returns (i.e. file a joint income tax return with you, which would not inflate her taxable income) in order to show your income on her I-864.
Yes, her $3,100 of unearned income from interest on savings can be shown on her I-864. Doing so will reduce the amount of assets required. Here earned income is zero. Her unearned income is not zero, so her income (sans qualifiers) is not zero.
You do recognize that in your case items 27 and 28 are duplicative, so you would do only 1 of them. In your case, item 28 is the more suitable. And in your case an I-864A is not called for, so of course you won't use it. That's not relevant in your situation. As the sponsored immigrant you do not need to do an I-864A even if your income would continue and could be included on the I-864.
As previously discussed, item 28 is the only reasonable place to list your assets. No, they should not be double-counted in any case. Regards, JEff

Noorah101

Make it easy on yourself and leave your income and savings out of the whole equation. It sounds like she qualifies on her own, so that should make it much easier for her to fill out the I-864, without considering any of your financial information.

Rene

guitarmaan

Yes, 100% agreed Rene, thanks. And thank you so much Jeff for taking time on this.

I think I've learnt a lot today. To be honest the I864 was scaring me off a bit, and to finally get into it & make progress is a relief.

For now I'll save this thread and come back to it for a review & recap when my brain is fresher.

jeffreyhy

S Folinsky

The I-864 is the path to madness. It was introduced into the law in 1997 so no one has had time to figure it out yet.