I-864 Questions

[Hamburger Man 3]

Q1. Can I use I-864EZ for AoS for a K1 visa holder who I petitioned for?

Q2. What should I put for item 18. "My individual annual income is currently:"

I had an InfoPass appointment and the IO suggested I put the income from my 2009 W2 in this box. Is this correct?

[marriedtomrg 141]

Q1. Can I use I-864EZ for AoS for a K1 visa holder who I petitioned for?

Nope, it's for people filing for I-130 petitions who have no other dependents listed on the application (like children from a previous marriage) and who will use their salary or pension as the basis for qualifying their income. Your wife is an adjustment of status applicant, so you guys have to use the I-864.

Q2. What should I put for item 18. "My individual annual income is currently:"

What we put down on our I-864 was the total of his net pay from January to August 2010, the cumulative/year-to-date total which appears on his pay stub.

If you are including your income tax information from the past 3 years, then in the spaces provided, you type in the adjusted income for each tax year.

I had an InfoPass appointment and the IO suggested I put the income from my 2009 W2 in this box. Is this correct?

Edited September 11, 2010 by marriedtomrg

[JimVaPhuong 4,863]

What we put down on our I-864 was the total of his net pay from January to August 2010, the cumulative/year-to-date total which appears on his pay stub.

The net pay would be after taxes and payroll deductions, so this is not correct. You would want to choose the gross income amount.

In addition, the form asks for current annual income. You should annualize the year-to-date figure. Divide by the number of pay periods since the beginning of the year (or number of paychecks received, if you started the job after the beginning of the year), and then multiply by the total number of pay periods in a year.

If you are including your income tax information from the past 3 years, then in the spaces provided, you type in the adjusted income for each tax year.

Adjusted gross income is used only if the taxpayer filed a 1040EZ. For other tax forms it would be the total income.

[Darnell 8,478]

Q2. What should I put for item 18. "My individual annual income is currently:"

I had an InfoPass appointment and the IO suggested I put the income from my 2009 W2 in this box. Is this correct?

I thought yer Q2 was for 'current' -

so if you have an employment letter from yer job, yer using yer 'annual salary amount' prior to tax and deductions.

Also, since it's 'annual income' you are NOT taking a snapshot from 1 JAN 2010 to 10 SEP 2010, at all - instead,

it's the CURRENT YEAR, 2010, from 1 JAN 2010 to 31 DEC 2010.

If you are an hourly-wage-worker, you'll need to do some maths to compute th ANNUAL INCOME amount.

Good Luck !

[marriedtomrg 141]

Dang...what we put was the net income.

Oh hell...we still meet the poverty guidelines though. Do you think we'll get an RFE for an amended I-1864?

The net pay would be after taxes and payroll deductions, so this is not correct. You would want to choose the gross income amount.

In addition, the form asks for current annual income. You should annualize the year-to-date figure. Divide by the number of pay periods since the beginning of the year (or number of paychecks received, if you started the job after the beginning of the year), and then multiply by the total number of pay periods in a year.

Adjusted gross income is used only if the taxpayer filed a 1040EZ. For other tax forms it would be the total income.

[Hamburger Man 3]

I thought yer Q2 was for 'current' -

so if you have an employment letter from yer job, yer using yer 'annual salary amount' prior to tax and deductions.

Also, since it's 'annual income' you are NOT taking a snapshot from 1 JAN 2010 to 10 SEP 2010, at all - instead,

it's the CURRENT YEAR, 2010, from 1 JAN 2010 to 31 DEC 2010.

If you are an hourly-wage-worker, you'll need to do some maths to compute th ANNUAL INCOME amount.

Good Luck !

Can I use the I-864EZ for AoS from K1? The actual form mentions a person sponsoring an I-129F CAN use the form?

As for Q2: Let's say someone had a job earlier this year, but then lost that job. If the income earlier in the year was enough to meet the guidelines, is this likely to cause a problem?

[JimVaPhuong 4,863]

Dang...what we put was the net income.

Oh hell...we still meet the poverty guidelines though. Do you think we'll get an RFE for an amended I-1864?

If your tax return or transcript shows you're clearly qualified, then I would be stunned if they sent an RFE. The I-864 with the sponsor's signature is still a binding contract, even if the financial numbers on the form are complete nonsense.

The I-864 is not a tax return, and you're not swearing that the numbers are dead on accurate. Many people who are well qualified will understate their income on the I-864 just so that their income level won't be questioned by the IO. For example, I get a salary from my employer. I also get a variable annual bonus, as well as income from a home based business. However, I can't "bank" on getting money from these second two sources. The amount I wrote on my I-864 was the same as the amount my employer wrote as my base salary on the employment letter, even though my tax return income was about 30% higher in each of the last three years. I didn't get any RFE's, and no questions were asked about it at the interview.

Can I use the I-864EZ for AoS from K1? The actual form mentions a person sponsoring an I-129F CAN use the form?

As for Q2: Let's say someone had a job earlier this year, but then lost that job. If the income earlier in the year was enough to meet the guidelines, is this likely to cause a problem?

The I-864EZ can be used for a K1, as long as you can answer "yes" to all three questions in part 1.

Is the "someone" employed now? If not, then yes - it's a problem. If they are currently employed, is their current income enough to meet the minimum requirements? If not, then yes - it's a problem. The sponsor should qualify at the time the adjustment of status is approved. If they aren't, and the IO finds out about it, they can insist on a co-sponsor who qualifies.

[marriedtomrg 141]

Well that's a relief. :-)

I just got an e-mail from the USPS that our package was received in Chicago yesterday at 1:45 p.m.

Hope the rest of the journey is a good one!

Thanks for the input.

If your tax return or transcript shows you're clearly qualified, then I would be stunned if they sent an RFE. The I-864 with the sponsor's signature is still a binding contract, even if the financial numbers on the form are complete nonsense.

The I-864 is not a tax return, and you're not swearing that the numbers are dead on accurate. Many people who are well qualified will understate their income on the I-864 just so that their income level won't be questioned by the IO. For example, I get a salary from my employer. I also get a variable annual bonus, as well as income from a home based business. However, I can't "bank" on getting money from these second two sources. The amount I wrote on my I-864 was the same as the amount my employer wrote as my base salary on the employment letter, even though my tax return income was about 30% higher in each of the last three years. I didn't get any RFE's, and no questions were asked about it at the interview.

The I-864EZ can be used for a K1, as long as you can answer "yes" to all three questions in part 1.

Is the "someone" employed now? If not, then yes - it's a problem. If they are currently employed, is their current income enough to meet the minimum requirements? If not, then yes - it's a problem. The sponsor should qualify at the time the adjustment of status is approved. If they aren't, and the IO finds out about it, they can insist on a co-sponsor who qualifies.