Jump to content
R.&S.

Affidavit of support

By R.&S. in K-1 Fiance(e) Visa Process & Procedures

 Share

12 posts in this topic

Recommended Posts

HappyRs Community Regular

HappyRs   8

Posted
Filed: Lift. Cond. (apr) Country: Romania
 Timeline
Posted

what is affidavit of support based on? Is it 125% on the 1099 or the adjusted gross income as appears on 1040 tax return?

Help will be appreciated.

Thanks

2 things need to be checked when establishing if the petitioner's income is enough for the affidavit of support:

- the 2010 poverty guideline

- the petitioner's gross income

Our Love Story's 1st page: June 15, 2008

K 1: 98 days!
May 11 - August 17, 2010 APPROVED!!!
POE: September 14, 2010 Chicago, IL
Wedding Day: September 22, 2010

AOS from K1: 96 days!
November 19, 2010 - February 24, 2011 APPROVED!!!
November 19, 2010: AOS, EAD & AP applications mailed
December 20, 2010: Biometrics (day 31)
January 18, 2011: case transfered to CSC (day 60)
February 10, 2011: EAD & AP approved! (day 83)
February 24, 2011: GC production ordered! (day 96)

Removing conditions: 5 months and 30 days!
December 6, 2012: package mailed
December 10, 2012: NOA 1 (day 4)

June, 5, 2013: APPROVED!!!

June, 10 2013: 10 yr GC received


event.png

an1cHsW0g410610MjAwMTU1bHwyNTY0MzkxbGF8d

Link to comment
Share on other sites
HappyRs Community Regular

HappyRs   8

Posted
Filed: Lift. Cond. (apr) Country: Romania
 Timeline
Posted (edited)

Gross income before or after taxes?

Gross income means before taxes; net income is after taxes. You will have to be able to provide data about your gross (before taxes) income. The letter from the employer will have to state the gross income.

Edited by Aleksa & Nico

Our Love Story's 1st page: June 15, 2008

K 1: 98 days!
May 11 - August 17, 2010 APPROVED!!!
POE: September 14, 2010 Chicago, IL
Wedding Day: September 22, 2010

AOS from K1: 96 days!
November 19, 2010 - February 24, 2011 APPROVED!!!
November 19, 2010: AOS, EAD & AP applications mailed
December 20, 2010: Biometrics (day 31)
January 18, 2011: case transfered to CSC (day 60)
February 10, 2011: EAD & AP approved! (day 83)
February 24, 2011: GC production ordered! (day 96)

Removing conditions: 5 months and 30 days!
December 6, 2012: package mailed
December 10, 2012: NOA 1 (day 4)

June, 5, 2013: APPROVED!!!

June, 10 2013: 10 yr GC received


event.png

an1cHsW0g410610MjAwMTU1bHwyNTY0MzkxbGF8d

Link to comment
Share on other sites
HappyRs Community Regular

HappyRs   8

Posted
Filed: Lift. Cond. (apr) Country: Romania
 Timeline
Posted

Two different answers !

Adjusted gross income is AFTER taxes. Gross is on 1099 and before taxes not on 1040A right?

I am confused.

Look, you need the GROSS income (not adjusted, not anything...GROSS income); for that, at the interview you guys will have to bring tax returns (for the past 2-3 years), letter from the employer stating how much the USC earns annually (gross income), paystubs that show both the gross and net income. That's what we had at our interview and it worked perfectly. You can bring both 1099 and 1040A forms at the interview, but the consular officers will look at your GROSS income, BEFORE taxes, to establish if you are eligible or you need co-sponsor. Good luck, guys!

Our Love Story's 1st page: June 15, 2008

K 1: 98 days!
May 11 - August 17, 2010 APPROVED!!!
POE: September 14, 2010 Chicago, IL
Wedding Day: September 22, 2010

AOS from K1: 96 days!
November 19, 2010 - February 24, 2011 APPROVED!!!
November 19, 2010: AOS, EAD & AP applications mailed
December 20, 2010: Biometrics (day 31)
January 18, 2011: case transfered to CSC (day 60)
February 10, 2011: EAD & AP approved! (day 83)
February 24, 2011: GC production ordered! (day 96)

Removing conditions: 5 months and 30 days!
December 6, 2012: package mailed
December 10, 2012: NOA 1 (day 4)

June, 5, 2013: APPROVED!!!

June, 10 2013: 10 yr GC received


event.png

an1cHsW0g410610MjAwMTU1bHwyNTY0MzkxbGF8d

Link to comment
Share on other sites
R.&S. Collaborator

R.&S.   2

Posted
Filed: Timeline
  • Author
Posted

Her numbers of year 2009 on 1040 is $19076(after income) and on 1099 it is total gross $25837($19455 salary + $6382 other income), as she worked few months in 2009.But this year she will make good enough.

She is the only member in her tax returns

Is it fine according to 2010 poverty guidelines?

I am thankful to you for your help!

sorry for questions over questions :blink:

Link to comment
Share on other sites
HappyRs Community Regular

HappyRs   8

Posted
Filed: Lift. Cond. (apr) Country: Romania
 Timeline
Posted

Her numbers of year 2009 on 1040 is $19076(after income) and on 1099 it is total gross $25837($19455 salary + $6382 other income), as she worked few months in 2009.But this year she will make good enough.

She is the only member in her tax returns

Is it fine according to 2010 poverty guidelines?

I am thankful to you for your help!

sorry for questions over questions :blink:

For some reason, I cannot find the poverty guidelines for 2010. Hoping that they are not all that different from the previous year, the requirements in 2009 for a household of 2 are of $18,213, as it shows in this link

If other VJ members find the 2010 poverty guidelines, it would be wonderful!

Our Love Story's 1st page: June 15, 2008

K 1: 98 days!
May 11 - August 17, 2010 APPROVED!!!
POE: September 14, 2010 Chicago, IL
Wedding Day: September 22, 2010

AOS from K1: 96 days!
November 19, 2010 - February 24, 2011 APPROVED!!!
November 19, 2010: AOS, EAD & AP applications mailed
December 20, 2010: Biometrics (day 31)
January 18, 2011: case transfered to CSC (day 60)
February 10, 2011: EAD & AP approved! (day 83)
February 24, 2011: GC production ordered! (day 96)

Removing conditions: 5 months and 30 days!
December 6, 2012: package mailed
December 10, 2012: NOA 1 (day 4)

June, 5, 2013: APPROVED!!!

June, 10 2013: 10 yr GC received


event.png

an1cHsW0g410610MjAwMTU1bHwyNTY0MzkxbGF8d

Link to comment
Share on other sites
nab Rising Star

nab   74

Posted
Filed: K-3 Visa Timeline
Posted

updated 2010 poverty guideline, 08/20/2010 http://www.uscis.gov/files/form/i-864p.pdf

interoffice memo, USCIS policy re: i-864

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/affsupprt112305.pdf

the 'total income' on form 1040 and 1040A or 'adjusted gross income' on 1040EZ is what is SUPPOSED to be used but i believe some have been denied when taking a lot of deductions and reducing their income. the interview office took the lower 'adjusted gross income' on the 1040/1040A.

if you gave your info (receipt #s, full name, etc) to anyone on VJ under the guise that they would "help" you through the immigration journey with his inside contacts (like his sister at USCIS) ... please contact OLUInquiries@dhs.gov, and go to http://www.whitehouse.gov/contact to report anything suspicious. Contact your congressman and senator's offices as well.

Link to comment
Share on other sites
Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

For a self employed person the income shown on line 22 of the 1040 is what is used. For someone that receives salary/wages it would be the amount on your W2. If a person has a combination of salary/wages/retirement/investment income then line 22 can also be a very good guide.

All of these numbers are before income tax.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...