I-864 for Military

[filipinay 0]

Hello VJ friends, this is regarding my friend who is married to a Navy and doing her AOS. They received an RFE saying not meeting the 125% income. They have only submitted his 2008 and 2009 W2 and not the tax form so I assume that causes the problem. I have advised him to submit his tax forms 1040 along with the W2's but according to him his line 22 of the form shows his income not being sufficient. He said some earnings that they receive are not being tax... does anyone knows about this? Can you please help us on what to do and what documents to submit to respond to the RFE? Thank you

[jkelly07 120]

hi, you should get tax transcripts from the irs call them 1-800-829-1040 ask for the transcripts for those years if mailed to 10 days if you ask for it to be faxed in the same,you my need a co sponer to meet the poverty guide line 125, percent, good luck,

[Angeli 5]

Members of the military are only required to reach the 100% poverty guideline but if the co-sponsor is a civilian, he should meet the 125% threshold. I guess the best thing to do is submit the tax transcripts as well as co-sponsor's affidavit (I-864A if within the household of the petitioner or I-864 if outside). The applicant is entitled up to two co-sponsors.

[George & Gina 29]

Hello VJ friends, this is regarding my friend who is married to a Navy and doing her AOS. They received an RFE saying not meeting the 125% income. They have only submitted his 2008 and 2009 W2 and not the tax form so I assume that causes the problem. I have advised him to submit his tax forms 1040 along with the W2's but according to him his line 22 of the form shows his income not being sufficient. He said some earnings that they receive are not being tax... does anyone knows about this? Can you please help us on what to do and what documents to submit to respond to the RFE? Thank you

#20 on the I-864 asks if the petitioner is "...currently on active duty in the U.S. armed services?' If the petitioner checks "YES" and provides proof that he/she is only active duty, then they will only need to meet 100% of the poverty line. Proof would consist of a photocopy (front and back) of the petitioners current active duty military ID (CAC) card.

He may also want to call the IRS as suggested earlier and order tax transcripts. If he asks nicely, they can even fax them to him on the spot.

The lowest ranking E1 in the U.S. military (base pay=$17,366.40) easily meets 100% of the poverty guideline for a family of 2 ($14570).

George

[George & Gina 29]

#20 on the I-864 asks if the petitioner is "...currently on active duty in the U.S. armed services?' If the petitioner checks "YES" and provides proof that he/she is only active duty, then they will only need to meet 100% of the poverty line. Proof would consist of a photocopy (front and back) of the petitioners current active duty military ID (CAC) card.

He may also want to call the IRS as suggested earlier and order tax transcripts. If he asks nicely, they can even fax them to him on the spot.

The lowest ranking E1 in the U.S. military (base pay=$17,366.40) easily meets 100% of the poverty guideline for a family of 2 ($14570).

George

As for line 22 of the form 1040 (TOTAL INCOME), for many military members this is not their actual total income. This is especially true of members who've served or are serving in a hazardous duty/tax free area. That said, the amount he writes for total income on his I-864 probably wont match what is on the 1040. He would multiply his base pay times 12 and then add in his monthly BAS (x12) if he receives it, along with any other pay (special duty, foreign language, etc.) x12.

George

[Angeli 5]

As for line 22 of the form 1040 (TOTAL INCOME), for many military members this is not their actual total income. This is especially true of members who've served or are serving in a hazardous duty/tax free area. That said, the amount he writes for total income on his I-864 probably wont match what is on the 1040. He would multiply his base pay times 12 and then add in his monthly BAS (x12) if he receives it, along with any other pay (special duty, foreign language, etc.) x12.

George

Hi. My husband is in the military also. He is receiving BAS and BAH. Should we include BAH in our computation?

[George & Gina 29]

Hi. My husband is in the military also. He is receiving BAS and BAH. Should we include BAH in our computation?

Angeli,

I honestly don't know. But I would guess NO. For the military members that don't receive BAH, they normally become eligible and start receiving it once they get married and move out of the barracks, etc. Or they may live in base housing where the house and utilities are basically free to them (they add up to the amount they receive/would receive in BAH). This is where I'm guessing that meeting only 100% of the poverty guidelines versus 125% of the guidelines comes in. If I was a CO, I would definitely hesitate in allowing it. Let's see if anyone who's already done this was allowed to count their BAH.

Following up on something I mentioned earlier in this thread, be sure to include copies of the petitioner's LESs for at least the past six months and for any periods they were deployed to a tax free zone. This may be the only evidence of the non-taxable pay and other benefits that may not make it onto the IRS 1040 series forms.

If the petitioner is of high enough rank, and hasn't deployed, they may earn enough to meet the poverty guideline without including any of their extra benefits. Their number of current dependents is factor. I'd highly recommend that the petitioner make an appointment with the base/post legal office (free) and bring their 864 and LESs with them. This is especially true if you think you may not meet the poverty guidelines if you don't include some of the non-taxable benefits.

If I was unclear in anything I stated above, don't hesitate to ask for clarification.

DISCLAIMER: ALTHOUGH I DO MY BEST TO MAKE SURE THE ADVICE I GIVE OUT IT ACCURATE AND HONEST, I'M NOT AN ATTORNEY, NOR AN ACCOUNTANT, NOR AN IMMIGRATION SPECIALIST. TAKE ANYTHING I SAY THE SAME WAY YOU WOULD ANYTHING ELSE YOU HEAR FROM A RANDOM STRANGER. FIND CORROBORATING INFORMATION ELSEWHERE.

[Colleens 40]

Hello VJ friends, this is regarding my friend who is married to a Navy and doing her AOS. They received an RFE saying not meeting the 125% income. They have only submitted his 2008 and 2009 W2 and not the tax form so I assume that causes the problem. I have advised him to submit his tax forms 1040 along with the W2's but according to him his line 22 of the form shows his income not being sufficient. He said some earnings that they receive are not being tax... does anyone knows about this? Can you please help us on what to do and what documents to submit to respond to the RFE? Thank you

Was your friend deployed at all in those years? I know that the tax transcripts for the year that my husband was deployed only showed a very small amount of income (like about $6000). I am not sure if this is because they are not taxed on income when deployed. We also included his W2 for that year that showed the actual amount of income that he had. So far we have not recieved an RFE.