I-864 Income used with 1099MISC

[Yito 4]

Last year our employer paid us using 1099MISC and I don't know with line to use from my tax return on the "25. Federal income tax return information." of the I-864 form.

Do I use line 22 "This is your total income"?

Or do I use line 37 "Adjusted gross income"?

Background tax info:

1040 filed with Schedule C

One dependent child.

Only one 1099MISC with $36,763.00 on it.

Line 22 on 1040 shows $25,111

Line 37 shows 23,337

Also, will the income be a problem for a household of 3?

Will I need a joint sponsor?

My income this year will be higher since we were put back as regular employees with W2's on April 2012. Around 43K.

Thanks!

[Karee 4,190]

Last year our employer paid us using 1099MISC and I don't know with line to use from my tax return on the "25. Federal income tax return information." of the I-864 form.

Do I use line 22 "This is your total income"?

Or do I use line 37 "Adjusted gross income"?

Background tax info:

1040 filed with Schedule C

One dependent child.

Only one 1099MISC with $36,763.00 on it.

Line 22 on 1040 shows $25,111

Line 37 shows 23,337

Also, will the income be a problem for a household of 3?

Will I need a joint sponsor?

My income this year will be higher since we were put back as regular employees with W2's on April 2012. Around 43K.

Thanks!

You use AGI. on line 37. For a household of 3 the minimum is $23,862. Looks like you're ~$500 short.

http://www.uscis.gov/files/form/i-864p.pdf

[pushbrk 12,569]

You use AGI. on line 37. For a household of 3 the minimum is $23,862. Looks like you're ~$500 short.

http://www.uscis.gov...form/i-864p.pdf

This is wrong. When filing a 1040, "total income" from line 22 is used. AGI is used only when filing the 1040EZ.

[Anh map 2,098]

Last year our employer paid us using 1099MISC and I don't know with line to use from my tax return on the "25. Federal income tax return information." of the I-864 form.

Do I use line 22 "This is your total income"?

Or do I use line 37 "Adjusted gross income"?

Background tax info:

1040 filed with Schedule C

One dependent child.

Only one 1099MISC with $36,763.00 on it.

Line 22 on 1040 shows $25,111

Line 37 shows 23,337

Also, will the income be a problem for a household of 3?

Will I need a joint sponsor?

My income this year will be higher since we were put back as regular employees with W2's on April 2012. Around 43K.

Thanks!

Line 22 is the amount used.

[Yito 4]

Looks like the concensus is line 22.

I will try to get a co sponsor just in case but it might not be possible.

Is it advisable to also send current pay stubs and letter from employer?

If so, should I send original pay stubs or copies?

[Anh map 2,098]

Looks like the concensus is line 22.

I will try to get a co sponsor just in case but it might not be possible.

Is it advisable to also send current pay stubs and letter from employer?

If so, should I send original pay stubs or copies?

You are considered a contractor not and employee. Past year's tax return is the info used.

[pushbrk 12,569]

You are considered a contractor not and employee. Past year's tax return is the info used.

Correct. "Employees" get a W2 form, not a 1099 of any variety. As a 1099 recipient, you are treated as "self employed" meaning revenue you receive is not considered "income" until it appears on line 22 of a tax return.

You do not need a consensus. You need correct answers. Line 22 is your "income".

[Yito 4]

Thank you all for your kind help.

I will use line 22.

If I understand correctly, I should pick "Self employed" because of last years 1099 even though I'm not self employed/contractor anymore, receiving regular pay stubs and a W2 for this year, correct?

That is why my question of if to send original payroll pay stubs for this year or copies, income will be higher on paper this year also.

I am concerned about not qualifying.

I have worked with this company for over 6 years, 2009 and before W2;

2010 mix 1099/W2

2011 1099

2012 mix 1099/W2

2013 W2...

The economy my boss says... but we survived...

[pushbrk 12,569]

Thank you all for your kind help.

I will use line 22.

If I understand correctly, I should pick "Self employed" because of last years 1099 even though I'm not self employed/contractor anymore, receiving regular pay stubs and a W2 for this year, correct?

That is why my question of if to send original payroll pay stubs for this year or copies, income will be higher on paper this year also.

I am concerned about not qualifying.

I have worked with this company for over 6 years, 2009 and before W2;

2010 mix 1099/W2

2011 1099

2012 mix 1099/W2

2013 W2...

The economy my boss says... but we survived...

No. Now you have added information. The affidavit of support asks for information about past income and about current income. Only if you are CURRENTLY self employed would line 22 of the 2011 return be your CURRENT income. State you past income where asked. State you current income and "employment" where asked. Document your current income with a pay stub. If you started a job last month with a salary of X, then X is your current income. If you started a job at Y per hour in March and work full time, then Y times 40 time 52 is your "current income".

[Yito 4]

No. Now you have added information. The affidavit of support asks for information about past income and about current income. Only if you are CURRENTLY self employed would line 22 of the 2011 return be your CURRENT income. State you past income where asked. State you current income and "employment" where asked. Document your current income with a pay stub. If you started a job last month with a salary of X, then X is your current income. If you started a job at Y per hour in March and work full time, then Y times 40 time 52 is your "current income".

Copies of pay stubs are fine to send or do they have to be originals?

Thank you for your time and help.

[pushbrk 12,569]

Copies of pay stubs are fine to send or do they have to be originals?

Thank you for your time and help.

Copies are fine. If they show year to date income, you only need one.