income question again

[justin728jn 0]

the poverty guide line is based on the Total Income (line 22 on Form 1040) or Adjusted Gross Income (line 37)??? My adjusted gross income is signifficantly less than the Total Income, if they use adjusted gross income as a benchmark, i am screwed

[samir_shannon 0]

i am sure it goes by your TOTAL income

[wait4ever 0]

I am pretty sure it's line 37, adjusted gross income.

[justin728jn 0]

i am right back to square one

[STL_HCMC 0]

But remember that your employment letter is also there. They request W2's as well. So I would think there would be some factor of "gross" in the evaluation.

Good question perhaps to pose to the US Consulate through email or telephone. If taxes were the only supporting evidence, then they wouldn't be asking for the other types.

STL_HCMC

[chuckandkim 0]

There is no simple answer to these questions. When determining program eligibility, some agencies compare before-tax income to the poverty guidelines, while other agencies compare after-tax income. Likewise, eligibility can be dependent on gross income, net income, or some other measure of income. Federal, state, and local program offices that use the poverty guidelines for eligibility purposes may define income in different ways. To find out the specific definition of income (before-tax, after-tax, etc.) used by a particular program or activity, one must consult the office or organization that administers that program.

US Dept. Health & Human Services

When processing immigrant visa cases subject to the affidavit of support (I-864) requirement under INA 212(a)(4)©, posts should use the figures in the column on the right, 125% of poverty guidelines, as the minimum income that a petitioner and/or a joint sponsor must demonstrate. Visa officers are also reminded to consider the "totality of circumstances" (including the applicant's age, health, and education) and can deny visa issuance under 212(a)(4)© if the applicant appears likely to become a public charge despite satisfying the poverty requirements.

State Department Advises Posts of New Poverty Guidelines - February 22, 2003

I used Adjusted Income

[john_and_marlene 162]

the poverty guide line is based on the Total Income (line 22 on Form 1040) or Adjusted Gross Income (line 37)??? My adjusted gross income is signifficantly less than the Total Income, if they use adjusted gross income as a benchmark, i am screwed

There is no set rule regarding income percentage at the consulate stage for a K visa. I would say that if your income meets the requirements for the I-864, then you should be OK.

For the I-864 (you'll submit this for the Adjustment of Status), the 125% is based on gross income if you filed 1040 or 1040a. It is based on adjusted gross income if you filed 1040EZ.

[Yodrak 7]

justin,

The poverty guideline is not based on any one person's income, it's based on cost of living information developed by DHHS.

One does not necessarily report their income figure from their income tax return on an I-134 unless, perhaps, they are self-employed. They should report their current annualized income, which may not be the same.

I-864 asks for both current income and the income as reported on the three most recent tax returns. The tax return income is generally from line 22 - see the I-864 FAQ on the USCIS web site. (An exception might be for a sponsor who had foreign-earned income, some or all of which was entered on line 21 as a negative number.) In any case it's not line 37.

Yodrak

the poverty guide line is based on the Total Income (line 22 on Form 1040) or Adjusted Gross Income (line 37)??? My adjusted gross income is signifficantly less than the Total Income, if they use adjusted gross income as a benchmark, i am screwed

Edited July 19, 2006 by Yodrak