I-864 - technical question

[sroberts3000 0]

My joint -sponsor, who is retired, filled out the I-864 for me and mailed it to me. I have it in hand. Here is the problem.

His "current individual annual income" (from #23 on the I-864) is well above the required amount needed for sponsorship. But in #25, the figures he provided from his income tax, does not match the figure from #23, and it is below the required amount needed for sponsorship. Here is why it is below: His "total income" on his tax form does not include his Social Security benefit. The SS benefit can be counted in the total I know, (checked on Department of State info already), so he technically does have enough income, but his tax form doesn't acutally show it. On line 22 of his 1040 tax form, it has the reduced figure, which is what he put into line 25 of the I 864. Two lines above (on his 1040 tax form - line 20b) he has his SS benefit, which is not added to the total because it is non-taxable.

Does anyone understand my problem. Here is a summary: Line 23 and 25 on the I-864 do not match and the latter amount is below the required standard.

Question 1 - does that matter?

Question 2 - since he does have enough income, should we include his SS benefit to his total income on line #25?

Or Question 3 - should we actually record the amount on line 22 of his tax form and just hope the consulate figures out what his real income is on line 25 of his I-864?

Pretty technical question I know, but surely someone has run into this before. Any help from those who have gone through this???

Thanks in advance.

[trailmix 77]

Does anyone understand my problem. Here is a summary: Line 23 and 25 on the I-864 do not match and the latter amount is below the required standard.

Question 1 - does that matter?

Yes, I think it does.

Question 2 - since he does have enough income, should we include his SS benefit to his total income on line #25?

You can do that or perhaps you can note it beside the 'actual line' income they request. You know like "plus 30,000 non-taxable social security benefit".

I know what you are talking about because I did run in to something similar. As I am the sponsor and my only income is Canadian, technically my 'income' as described in the I-864 is zero. I got an RFE for this from the NVC. They did not actually want me to state what appears on line 22 - they wanted my income on the I-864 to match line 21 basically - to match what appeared on the IRS transcript.

Or Question 3 - should we actually record the amount on line 22 of his tax form and just hope the consulate figures out what his real income is on line 25 of his I-864?

As above, I would spell it out.

Edited March 4, 2008 by trailmix

[sroberts3000 0]

Thanks, very helpful. I had received a note from you some months ago about the Line 22/line 21 problem, so we made sure to record that properly on my wife's I-864 (she is the primary sponsor and likewise her income is "technically" zero, but we recoreded the amount from line 21, not the amount on line 22 - "0").

Are they actually looking for line 23 and line 25 on the I-864 to match? My in-laws (one of them the joint sponsor) - filed a joint return, but only one of them is needed for a sponsor, so the figure on #23, will not match what is on their line 22 of thier 1040 anyway. I guess I will just ad another note for their information, hopefully they get it right. The nice thing is that we are DCF so we will be right there at the consulate if they have any questions. Appointment is next Wednesday, just trying to dot my i's and cross my t's.

SR

Does anyone understand my problem. Here is a summary: Line 23 and 25 on the I-864 do not match and the latter amount is below the required standard.

Question 1 - does that matter?

Yes, I think it does.

Question 2 - since he does have enough income, should we include his SS benefit to his total income on line #25?

You can do that or perhaps you can note it beside the 'actual line' income they request. You know like "plus 30,000 non-taxable social security benefit".

I know what you are talking about because I did run in to something similar. As I am the sponsor and my only income is Canadian, technically my 'income' as described in the I-864 is zero. I got an RFE for this from the NVC. They did not actually want me to state what appears on line 22 - they wanted my income on the I-864 to match line 21 basically - to match what appeared on the IRS transcript.

Or Question 3 - should we actually record the amount on line 22 of his tax form and just hope the consulate figures out what his real income is on line 25 of his I-864?

As above, I would spell it out.

[trailmix 77]

Thanks, very helpful. I had received a note from you some months ago about the Line 22/line 21 problem, so we made sure to record that properly on my wife's I-864 (she is the primary sponsor and likewise her income is "technically" zero, but we recoreded the amount from line 21, not the amount on line 22 - "0").

Are they actually looking for line 23 and line 25 on the I-864 to match? My in-laws (one of them the joint sponsor) - filed a joint return, but only one of them is needed for a sponsor, so the figure on #23, will not match what is on their line 22 of thier 1040 anyway. I guess I will just ad another note for their information, hopefully they get it right. The nice thing is that we are DCF so we will be right there at the consulate if they have any questions. Appointment is next Wednesday, just trying to dot my i's and cross my t's.

SR

They just told me that my line 25 and my income on my transcript had to match. I don't think that line 23 necessarily needs to match 25 - if the sponsor had an increase in salary in the current year they wouldn't match. Yes, you should be fine, the fact that you are on the spot to explain everything is great.

(D) Federal Tax Return(s).

"If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099". link

[sroberts3000 0]

Thanks again, again helpful and appreciated.

Yes the individual income is supported (for the joint sponsor) with the W-2's, no problem. But would they record on line 25, just his individual income (which is not reported like that on their income tax form, or would you jsut record what is on their 1040, which is their joint income and then make a note to that fact and submit the W-2's so they can see his income is sufficient on his own?? I am assuming that since line 25 and their 1040 numbers need to match, that I should probably record the joint income on line 25, then make a note to the individual income on the w-2's. What do you think?

Thanks again

SR

Thanks, very helpful. I had received a note from you some months ago about the Line 22/line 21 problem, so we made sure to record that properly on my wife's I-864 (she is the primary sponsor and likewise her income is "technically" zero, but we recoreded the amount from line 21, not the amount on line 22 - "0").

Are they actually looking for line 23 and line 25 on the I-864 to match? My in-laws (one of them the joint sponsor) - filed a joint return, but only one of them is needed for a sponsor, so the figure on #23, will not match what is on their line 22 of thier 1040 anyway. I guess I will just ad another note for their information, hopefully they get it right. The nice thing is that we are DCF so we will be right there at the consulate if they have any questions. Appointment is next Wednesday, just trying to dot my i's and cross my t's.

SR

They just told me that my line 25 and my income on my transcript had to match. I don't think that line 23 necessarily needs to match 25 - if the sponsor had an increase in salary in the current year they wouldn't match. Yes, you should be fine, the fact that you are on the spot to explain everything is great.

(D) Federal Tax Return(s).

"If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099". link

[trailmix 77]

I would be tempted to do it the other way around. I would record his individual income on the I-864 and refer to the attachment of his individual supporting evidence and also include a written description of how you came to that figure based on the tax return figures, like:

Total income per IRS transcript line 22 - 100000.00

Less Cosponsor's Spouses income 2007- 20000.00

Co-sponsors annual income 2007 - 80,00.00 (see supporting documents - W2s)

As long as you attach an explanation and supporting documentation you should be fine

Edited March 6, 2008 by trailmix