Asked on Oct 17th, 2011 on Immigration - California
More details to this question:
I am not working because of two kids that's why I want to petition my mother to come help me and in order for me to go back to work. I want to make this possible but I'm confused with i-864 and our 1040.
The I-864 is an Affidavit you must sign to say you will be financially responsible for your Mom if she is allowed to come here as a permanent resident. You will need to attach your 1040 (your tax return) and a current job letter to show you make enough money to support her - at least 125% of the Federal Poverty Guidelines for a family of four - you, your two children and your Mom ($27,937 or more). If you don't make this much as shown on your last tax return you have to submit all these papers and also get a co-sponsor who does make enough money and the co-sponsor also files an I-864 + I-864A if married, tax return, job letter, and proof of being a permanent resident or citizen.
The I-864 Affidavitof Supportis an immigration form required to show that you have the required income to petition someone for permanent resident status. The 1040 is your tax return which documents your income that you reportedtothe IRS andneeds to be submitted with the I-864.
There is a great difference. For example, one is used in connection with application for certain benefits under the immigration laws and the other is for filing income tax returns with the IRS.
The I-864 is the USCIS form affidavit of support and the 1040 is the IRS individual income tax return, often used in support of the I-864. To petition for your mother requires you have a household income to meet 125 percent of the HHS poverty guidelines.
A 1040 is an IRS document that shows what you made as a self employed person. An I-864 is an immigration DHS document wherein you show that you can support your mother. Very different documents!
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