Affidavit of Support : Form 864 or 864EZ

[sttom 6]

Hello all,

I am a USC sponsoring for my spouse (wife)

As I was reading through the AOS form (I-864 or EZ), I was wondering which one to choose.

The conditions for I-864EZ:

1) Myself as petitioner

2) Relative only person on the list

3) Income based on salary shown on W-2

all makes me feel i should go for I-864EZ except the 3rd item.

I have a tiny bitty amount earned as interest which is reported in the previous years tax filings. My income based on W-2 is above the 125% poverty guidelines mark for sponsoring my wife

Line 19 on 864EZ "Federal Income Tax Information" says "adjusted gross income on IRS form 1040EZ": Since I file 1040, does that make me "ineligible" to use for I-864EZ?

Does the small interest income makes me so, or otherwise is it just better to use 864 instead of 864EZ?

Thanks!

[pushbrk 12,824]

Hello all,

I am a USC sponsoring for my spouse (wife)

As I was reading through the AOS form (I-864 or EZ), I was wondering which one to choose.

The conditions for I-864EZ:

1) Myself as petitioner

2) Relative only person on the list

3) Income based on salary shown on W-2

all makes me feel i should go for I-864EZ except the 3rd item.

I have a tiny bitty amount earned as interest which is reported in the previous years tax filings. My income based on W-2 is above the 125% poverty guidelines mark for sponsoring my wife

Line 19 on 864EZ "Federal Income Tax Information" says "adjusted gross income on IRS form 1040EZ": Since I file 1040, does that make me "ineligible" to use for I-864EZ?

Does the small interest income makes me so, or otherwise is it just better to use 864 instead of 864EZ?

Thanks!

If you can't answer yes to all three questions, you can't use the I-864EZ. What part of "yes to all" are you having trouble understanding?

[sttom 6]

If you can't answer yes to all three questions, you can't use the I-864EZ. What part of "yes to all" are you having trouble understanding?

Thanks for your reply.

i believe my "dilemma" is well explained in my original post. Which is

all makes me feel i should go for I-864EZ except the 3rd item.

I have a tiny bitty amount earned as interest which is reported in the previous years tax filings. My income based on W-2 is above the 125% poverty guidelines mark for sponsoring my wife

The interest income is NOT a W-2 income but i do not need to include it in my to be qualified to sponsor.

I am trying to better my chances of avoiding a rejection and sending it all again.

My question is more about advice as to which route to chose rather than "trouble understanding a simple yes to all"

[pushbrk 12,824]

Thanks for your reply.

i believe my "dilemma" is well explained in my original post. Which is

The interest income is NOT a W-2 income but i do not need to include it in my to be qualified to sponsor.

I am trying to better my chances of avoiding a rejection and sending it all again.

My question is more about advice as to which route to chose rather than "trouble understanding a simple yes to all"

Use the I-864EZ.

[JohnR! 5,495]

Thanks for your reply.

i believe my "dilemma" is well explained in my original post. Which is

The interest income is NOT a W-2 income but i do not need to include it in my to be qualified to sponsor.

I am trying to better my chances of avoiding a rejection and sending it all again.

My question is more about advice as to which route to chose rather than "trouble understanding a simple yes to all"

The catch is that you can only use this form in connection with a 1040EZ and that is where your answer is. Although your W-2 income puts you in the qualifying zone, you need to back up the affidavit with your tax returns or transcripts.

IMHO go the safe route and file the longer I-864. It would be your luck to have the USCIS reject them form for being incorrect, wouldn't you know...

I hope this helps. Good luck!

Edited August 10, 2012 by Gegel

[pushbrk 12,824]

The catch is that you can only use this form in connection with a 1040EZ and that is where your answer is. Although your W-2 income puts you in the qualifying zone, you need to back up the affidavit with your tax returns or transcripts.

IMHO go the safe route and file the longer I-864. It would be your luck to have the USCIS reject them form for being incorrect, wouldn't you know...

I hope this helps. Good luck!

No, this is not correct. The EZ in I-864EZ has nothing to do with 1040EZ.

[JohnR! 5,495]

No, this is not correct. The EZ in I-864EZ has nothing to do with 1040EZ.

Actually it does. Look at question 19 on the form. It specifies form 1040EZ as the tax form from which to glean the AGI amount.

Edit: as does the I-864 in question 25... So we're back to square one...

Edited August 10, 2012 by Gegel

[sttom 6]

No, this is not correct. The EZ in I-864EZ has nothing to do with 1040EZ.

Thanks for the advice!

Actually looking at the form I-864, line 25 (Federal Income Tax Return information), even that mentions "adjusted gross income on IRS form 1040EZ).

So i guess that means the 1040EZ or 1040 doesn't really matter but the income that I am using to qualify is based entirely on my salary and is shown on one or more forms W-2.

Correct me if i am wrong.

And would also appreciate anyone's experience in this matter

Thanks!

[sttom 6]

Actually it does. Look at question 19 on the form. It specifies form 1040EZ as the tax form from which to glean the AGI amount.

I would admit, that threw me off too!

[JohnR! 5,495]

I would admit, that threw me off too!

However I do see where the I-864 only mentions the 1040EZ on question 25.

Hmmm.. Let's see if someone else has any additional comments. Considering that both forms mention the 1040EZ it might indicate that as long as the W2 can reach the income level, the 864EZ might be applicable.

I now share your confusion. I hope you're happy!!!

[sttom 6]

However I do see where the I-864 only mentions the 1040EZ on question 25.

Hmmm.. Let's see if someone else has any additional comments. Considering that both forms mention the 1040EZ it might indicate that as long as the W2 can reach the income level, the 864EZ might be applicable.

I now share your confusion. I hope you're happy!!!

I am happy that you see where my confusion stems from?

Though, I would probably have been much happier if you didn't share the confusion. (That way i would have had 2 definitive answers!)

[Nich-Nick 3,354]

Line 19 on 864EZ "Federal Income Tax Information" says "adjusted gross income on IRS form 1040EZ": Since I file 1040, does that make me "ineligible" to use for I-864EZ?Thanks!

Income tax forms are a bit different, so that statement is telling you where to look (which line) on your tax return. For a 1040 filer, get the number from the line called TOTAL INCOME. Same for a 1040A filer. Then they add in parentheses that if you happened to file 1040EZ, you will report the number from the line called ADJUSTED GROSS INCOME because there is no line called "total income" on a 1040EZ.

You can use the I-864EZ regardless of which income tax form you filed. There are some instructions that go with the form which addresses the tax return. http://www.uscis.gov/files/form/i-864ezinstr.pdf Page 5, left column.

Edited August 10, 2012 by Nich-Nick

[sttom 6]

Income tax forms are a bit different, so that statement is telling you where to look (which line) on your tax return. For a 1040 filer, get the number from the line called TOTAL INCOME. Same for a 1040A filer. Then they add in parentheses that if you happened to file 1040EZ, you will report the number from the line called ADJUSTED GROSS INCOME because there is no line called "total income" on a 1040EZ.

You can use the I-864EZ regardless of which income tax form you filed. There are some instructions that go with the form which addresses the tax return. http://www.uscis.gov/files/form/i-864ezinstr.pdf Page 5, left column.

Thanks!

BTW you got some nice numbers right there:- $8,684.20.

[JohnR! 5,495]

I am happy that you see where my confusion stems from?

Though, I would probably have been much happier if you didn't share the confusion. (That way i would have had 2 definitive answers!)

Sorry mate! I really am!

[pushbrk 12,824]

Income tax forms are a bit different, so that statement is telling you where to look (which line) on your tax return. For a 1040 filer, get the number from the line called TOTAL INCOME. Same for a 1040A filer. Then they add in parentheses that if you happened to file 1040EZ, you will report the number from the line called ADJUSTED GROSS INCOME because there is no line called "total income" on a 1040EZ.

You can use the I-864EZ regardless of which income tax form you filed. There are some instructions that go with the form which addresses the tax return. http://www.uscis.gov...-864ezinstr.pdf Page 5, left column.

Exactly correct. It's just telling you that IF you filed a 1040EZ, to enter the AGI number but IF you filed a 1040 enter line 22, total income.

When people are asking for firm answers to questions, it's best to wait until somebody who actually KNOWS the answer, rather than speculating on your own real time interpretation of instructions. They can do THAT themselves. Plenty of members here actually KNOW the answers to these questions.