So, in our case, what do you think is more accurate: I-864 or I-864EZ?
- You can file I-864 if all of these are true: 1) you are the petitioner of the family member sponsored on the affidavit, 2) you are using your own earned income (W-2 income) and 3)your wife is the only person immigrating/ adjustment of status (in your case since she is already here.
If even one of the above is not true for your case, you have to use I-864. However, you always have the option of using I-864 in any scenarios (the reason people don't want to use it is of the length of the form.) Now, you can use I-864 EZ if your own income is more than enough to sponsor her. Otherwise, you will have to use I-864.
If you use I-864 EZ:
On part 4. Information about your household size., don't count your wife twice. The total should be just 2. Leave 1.b Your spouse section blank since she is already counted in the person you are sponsoring.
Section 5 # 4 My current individual income: only put your current income (don't count hers)
5b. if you filed joint return for last three years, put the total AGI from 1040 return (Line 37).
If you were not required to file for any of the last 3 years, indicate so in 5a.
5.b check this box and you will only need to submit transkript for the latest year (FY2015).
Also, do you think we should send both hers and mine W2 and pay stub. I am worried about sending her W2 from the past because she has used her SSN to work when she was a student and wasn't really legal to work outside of school.
- If your income for FY 2015 is more than enough to sponsor her, you don't need to provide support for her income. Just sent the tax transkript for FY 2015 ( this is not IRS Form 1040). You don't need to submit W-2, pay stubs or letter from your employer. If you just sent the Form 1040 as support, then you need to include all of those documents. If you have them, you can always send them as additional support, even if you send IRS transkript.
I am not a lawyer but have filed the form I-864 for some of my friends and have some knowledge of the process.