Difficult I-864 problem

[christera22 8]

Hi all ,

I kept looking online for my question on I-864.I am from India and adjusting based on Marriage to my US wife from B1/B2/ We are stuck up on a strange problem in I-864.Let me summarize. My wife is on disablility pension from her school and she also has a small business.

Let me give u a small detail :

Each Year mywife gets $17,101 from her pension before any deductions.

and the line 22 & 37 of her 2007, 1040 form says her income as $16,863.

mywifes income tax income shown at 1040 are as follows :

2007 : $16,863

2006 : $16,450

2005 : $14,710. I am filling these information in line 25 of I-864.

In the Schedule C of 1040(2007) its mentioned :

7.Gross Income : $8,988

28.Total Expenses : $7,218

29.Tentative profit (loss) : $1,770

30.Expenses for business use of home : $2,036

31.Net profit or (loss) : (266.)

Now coming to 'current annual household income ' section of I-864 , what shd we write ??

a) is it $17,101 + $ 8,988 = $26,089 ? or something else ??

Can sohmeone help ?? Though I got some help from YuandDan in IM but thght wd ask once again in general forum..... All answers wd be appreciated... waiting anxiously for the same,.

[christera22 8]

NO help or answers ?? can someone pls answer ??

[pushbrk 12,877]

NO help or answers ?? can someone pls answer ??

The income from line 22 is correct. It is her gross pension income minus the net loss from her business.

You'll need a co-sponsor or to make up the difference with assets unless you also work legally and can combine income.

[christera22 8]

Thanks but I am asking about line 23 & 24 of form I-864. Shd`nt it be Line 23 is asking about income NOW not last year, so estimate what will be income this year BEFORE expenses, and deductions. This will be total income reported on Next Year's returns.

right .Then in there shd`nt i write $17,101 + $ 8,988 = $26,089 ??

what`s ur view ??

[pushbrk 12,877]

Thanks but I am asking about line 23 & 24 of form I-864. Shd`nt it be Line 23 is asking about income NOW not last year, so estimate what will be income this year BEFORE expenses, and deductions. This will be total income reported on Next Year's returns.

right .Then in there shd`nt i write $17,101 + $ 8,988 = $26,089 ??

what`s ur view ??

No. Employee or pension income is treated the same. The $8988 is the gross revenue of a business. Self employed people use the income from line 22. If the business were profitable that line would be higher than the $17,101 but since it's a loss, it counts against, not for you.

For example, if her busness gross revenue were $50,000 and expenses were $40,000, her business income would be $10,000 and total income on line 22 would be $27,101. A loss is a loss.

Edited August 11, 2008 by pushbrk

[abrazer07 0]

Edited August 11, 2008 by abrazer07

[christera22 8]

OK thanks Pushbrk.But i think there is a miscommunication happening here. I know figure in line 22 of 1040 wd go for line 25 of I-864.

thus

mywifes income tax income shown at 1040 are as follows :

2007 : $16,863

2006 : $16,450

2005 : $14,710.These are for line 25 of I-864.

Now in the current annual household income (line 23 & 24 of form I-864) what shd we write there ??

Thanks

[pushbrk 12,877]

OK thanks Pushbrk.But i think there is a miscommunication happening here. I know figure in line 22 of 1040 wd go for line 25 of I-864.

thus

mywifes income tax income shown at 1040 are as follows :

2007 : $16,863

2006 : $16,450

2005 : $14,710.These are for line 25 of I-864.

Now in the current annual household income (line 23 & 24 of form I-864) what shd we write there ??

Thanks

$16,873. unless there is some other source of income you haven't mentioned. The "business revenue" before expenses is NOT "income". Her business does not provide income. It operates at a loss.

[Urge To Race 2]

Right, gross revenue from the business is certainly not considered income. Her income is enhanced (or decreases) by the income minus expenses (cost of goods sold, depreciation, interest paid, etc.). In her case it is a loss decreasing her income. Safest bet would be to estimate last years numbers will repeat again.

OK thanks Pushbrk.But i think there is a miscommunication happening here. I know figure in line 22 of 1040 wd go for line 25 of I-864.

thus

mywifes income tax income shown at 1040 are as follows :

2007 : $16,863

2006 : $16,450

2005 : $14,710.These are for line 25 of I-864.

Now in the current annual household income (line 23 & 24 of form I-864) what shd we write there ??

Thanks

$16,873. unless there is some other source of income you haven't mentioned. The "business revenue" before expenses is NOT "income". Her business does not provide income. It operates at a loss.

[christera22 8]

I estimated that this year its growing .thats why we wanted to show a speculated $1000 profit. As proof we can show her fair booth payments, her upcoming book to be published.Wont that do ??

If we at all have to show more fund, we dont have any cosponsor but we have assets.My wife has 3 cemetary grounds in her name and it has recently been valued by the cemetary authorities as $4191. Thus we cant write $16,863 + $4191 = $21,054..... wd that do ???

Thanks

[pushbrk 12,877]

I estimated that this year its growing .thats why we wanted to show a speculated $1000 profit. As proof we can show her fair booth payments, her upcoming book to be published.Wont that do ??

If we at all have to show more fund, we dont have any cosponsor but we have assets.My wife has 3 cemetary grounds in her name and it has recently been valued by the cemetary authorities as $4191. Thus we cant write $16,863 + $4191 = $21,054..... wd that do ???

Thanks

No, because assets are not income. You can use three dollars in liquid assets to replace one dollar of income shortfall. Whether they would consider cemetery plots as assets she'd be willing to actually liquidate is questionable but possible. In any event, you would still show income and assets separately. USCIS would then do the math (at best) as follows.

$16863 as income

$4191 assets/3 = $1,397 + $16,873 = $18,270

That would barely squeak by as long as you don't live in Alaska or Hawaii.

It would be safe to estimate the business income at $0 instead of a loss, which would bump you up another couple hundred. Does she not own her home? She rents?

Edited August 11, 2008 by pushbrk

[christera22 8]

ya she owns her own home .........but now she doesnt rent it. We have some jewellery that we can evaluate and show the evaluation report.wd it count ??

and as far as i know for 48 states the 125% above poverty level is $17,500.So why wont $18,270 be taken as ok ?? any idea

Edited August 11, 2008 by christera22

[pushbrk 12,877]

ya she owns her own home .........but now she doesnt rent it. We have some jewellery that we can evaluate and show the evaluation report.wd it count ??

and as far as i know for 48 states the 125% above poverty level is $17,500.So why wont $18,270 be taken as ok ?? any idea

The number is high enough but as I said, they might not actually believe she's willing to sell her funeral plot. If she owns her home, you can also use the difference between what it's worth and what she owes as an asset.

You seem to be confused about financial matters in general. Perhaps you or your wife have a friend or relative who can sit down with you and go over the I-864 and the responses here, then assist you directly.

[christera22 8]

ya she owns her own home .........but now she doesnt rent it. We have some jewellery that we can evaluate and show the evaluation report.wd it count ??

and as far as i know for 48 states the 125% above poverty level is $17,500.So why wont $18,270 be taken as ok ?? any idea

The number is high enough but as I said, they might not actually believe she's willing to sell her funeral plot. If she owns her home, you can also use the difference between what it's worth and what she owes as an asset.

You seem to be confused about financial matters in general. Perhaps you or your wife have a friend or relative who can sit down with you and go over the I-864 and the responses here, then assist you directly.

Thanks so much for the reply ............what we can show is ads that we have given to sell the cemetary plots in several newspapers and online sites. Hope the jewellery cost wd count full or wd it count in 1:3 ratio ?

Regarding the house we have to figure it out what it costs now ?? it was evaluated 2 yrs earlier.But wont USCIS say 'where wd u live if u sell ur house' .... what i mean that wont selling it be considered as a financial hardship ?? Thanks again

[christera22 8]

Thanks so much for the reply ............

i)what we can show is ads that we have given to sell the cemetary plots in several newspapers and online sites. Hope the jewellery cost wd count full or wd it count in 1:3 ratio ?

ii)Regarding the house we have to figure it out what it costs now ?? it was evaluated 2 yrs earlier.But wont USCIS say 'where wd u live if u sell ur house' .... what i mean that wont selling it be considered as a financial hardship ??

iii) I have a house in india where my perents live , but its transferred to my name by my dad.So can we use its valuation ??

iv) I also got some money in Indian banks & some bonds & diposits. Can those be shown too ??

Thanks again