What's the difference between i-864 and 1040?

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.
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Answered By: Feldman Feldman & Associates, PC
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.

Answer Applies to: California
Replied: 11/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Grinberg and Segal
The I-864 is a form filed on behalf of an intending immigrant. It is an agreement to financially sponsor the immigrant so he or she does not become a burden on public benefits. This must be filed by the petitioner for the immigrant. Each sponsor must meet certain economic criteria. The 1040 is a federal income tax form used by USCIS to determine the petitioner's income. If your income is not sufficient, you may have a co-sponsor complete an I-864A on behalf of your mother as well. This person must be a lawful permanent resident or U.S. citizen and must meet the income requirements. This person can be a friend or family member. You can find the income requirement information on Form I864P.

Answer Applies to: New York
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ruiz Law Group, P.C.
An I-864 is an Affidavit of Support to be submitted with an Alien Relative Petition and the 1040 is the number of a income tax form.

Answer Applies to: New York
Replied: 10/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Christian Schmidt, Attorney at Law
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.

Answer Applies to: California
Replied: 10/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Jacob D. Geller
The Form I-864 is an affidavit of support that is included with applications to adjust status. A 1040 is an IRS tax form that is used with filing taxes in the United States.

Answer Applies to: Massachusetts
Replied: 10/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of David L. Smith
The 1040 is your tax return. I-864 is your affidavitt of support, which you will need to attach your 1040 as evidence of income.

Answer Applies to: California
Replied: 10/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Peter Y. Qiu
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.

Answer Applies to: Illinois
Replied: 10/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Joseph Law Firm
The I-864 is the form for the affidavit of support. To petition for your mother, you must complete an affidavit of support and demonstrate that you have income at 125% of the poverty guidelines based on your household size. The poverty guidelines can be accessed here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD. Any income from lawful sources will count including income from SSI, unemployment or disability. You will demonstrate your income through your most recent tax return as well as pay stubs and a letter from your current employer if you are employed. If you do not qualify based on your income alone, then you can use your assets to qualify you. If you want to use assets, you must demonstrate that the assets are easily convertible to cash and that the total assets is equal to 5 times the difference between your income and the amount required under the poverty guidelines. As an example, if the poverty guidelines require household income of $10,000, and your household income is $0, you would have to demonstrate assets in the amount of 5 x $10,0000 or $50,0000 to qualify. If you cannot demonstrate sufficient assets to qualify under the poverty guidelines, you can obtain a joint sponsor to complete an affidavit of support. The joint sponsor must be a U.S. citizen or lawful permanent resident and he or she must independently qualify under the poverty guidelines. The 1040 form is and IRS tax form and does not have anything to do with immigration.

Answer Applies to: Colorado
Replied: 10/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Perez Immigration Law Firm
I-864 is the Affidavit of Support that you must file with your mother's application for a visa. A 1040 is a federal income tax return that you file each year, stating how much you made and how much tax you owe or how much of a refund you will get.

Answer Applies to: Tennessee
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Christine Troy
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!

Answer Applies to: California
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Fong & Associates
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.

Answer Applies to: Texas
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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