Confused about which i 864 form to file
Here is my case in a nutshell:
My EB 485 is stuck since 2004. Wife became a citizen recently. So planning to submit a fresh FB 485 along with i 130 and other related forms.
We both live in USA and I earn more than her. Under this scenario, which affidavit of support form does she need to file? Is it i 864 or i 864EZ?
If I declare my income in response to question 24b of form i 864, do I need to submit i 864A?
Please advise folks.
Does she meet the income requirement with her OWN income? If yes, she has the choice of using either (864 or 864EZ). If not, and she is combining your income, she needs to use I-864. Since you are the intending immigrant, no I-864A is needed in that case.
Thanks VisaNutz for your response. Yes, she does meet the income criteria with her OWN income and we are planning to go with 864EZ. As you know, she needs to submit copies of tax returns. We have been filing taxes jointly. Will it be an issue if the tax return has my name too but we are not filing i 864 and filing i 864EZ instead?
No, no problem. She is meeting the income requirement with her own income - NOT on the amount you made together last year. The form CLEARLY asks for the sponsors CURRENT ANNUAL INCOME - and that is whats important.
In your case, the fact that you guys filed joint taxes will actually help show the bona-fide nature of your marriage.