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Filed: F-1 Visa Country: Bangladesh
Timeline
Posted

Hi VJ members,

I have a quick question. I am an international student and married a USC. Since my USC wife doesn't make enough money to sponsor me, her parents are my sponsors. I understand that my USC wife fills out I864 and my father in law fills out I-864a.

My question is: Since my in-laws filled out tax with "Married filed jointly" status, what should I put in line 11 of I-864a under "Total Income"? Do I include the Adjusted Gross Income(AGI) which is the income of both my in-laws? If I include that AGI amount, then do both my in-laws have to fill out I-864A or just one I-864a is enough or one of the in-law has to fill out I864?

ALSO....

My father in laws income is enough to sponsor cause he make 80% of the amount in the tax return. So, can I just separate his income from his W2 and write the amount after doing recalculation in the 1040 form? I am so confused. Please help. FYI: All of us live in the same house.

Thank you so much.

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

Correct, the form I-864A requires an individual income. Enter his individual income supported by his W2/1099/etc. The joint tax transcript/return is ok. No need to create an individual tax return.

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

Filed: F-1 Visa Country: Bangladesh
Timeline
Posted

Correct, the form I-864A requires an individual income. Enter his individual income supported by his W2/1099/etc. The joint tax transcript/return is ok. No need to create an individual tax return.

Thank you so much for your quick reply Anh map. You are so awesome.

If I understand you correctly, I should just separate my father in law's income from W2/1099 and put that amount in "line 11" and I don't need to recalculate Adjusted Gross Income in 1040 with my father in law's salary only. The reason I am asking this is cause in the I-864a it says :

" My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent three years was..."

It might be a good idea to write a note to clarify the situation to USCIS. Do you think that's ok?

Thank you.

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

Thank you so much for your quick reply Anh map. You are so awesome.

If I understand you correctly, I should just separate my father in law's income from W2/1099 and put that amount in "line 11" and I don't need to recalculate Adjusted Gross Income in 1040 with my father in law's salary only. The reason I am asking this is cause in the I-864a it says :

" My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent three years was..."

It might be a good idea to write a note to clarify the situation to USCIS. Do you think that's ok?

Thank you.

If he is a salary/wage earner then just use the W2 income. If he's self employed then some calculations need to occur. For self employed the income number is line 22 on the 1040 tax form.

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

Filed: F-1 Visa Country: Bangladesh
Timeline
Posted

If he is a salary/wage earner then just use the W2 income. If he's self employed then some calculations need to occur. For self employed the income number is line 22 on the 1040 tax form.

Thanks. He is a salary earner. So, I will just include the W2 income. I was just worried since in the I-864a form it said adjusted gross income.

Filed: F-1 Visa Country: Bangladesh
Timeline
Posted

Thanks. He is a salary earner. So, I will just include the W2 income. I was just worried since in the I-864a form it said adjusted gross income.

Hi Anh map. I have one more question on I864.

Me and my wife filed "Married filed jointly" on our 2010 tax year. So, in my USC wife's i864 line 25, what amount should I put on 2010 tax year? Should I do the same as I did with my i-864a and separate my wife's income from mine and enter that amount and attach a copy of W2 for proof?

Thank you in advance.

  • 1 year later...
Filed: AOS (apr) Country: Philippines
Timeline
Posted

So this topic is somewhat similar to my situation using a cosponsor who files jointly with my mother, but my father on top of his normal salary in the private sector is also collecting his pension from the US NAVY for over 22+years of service, so how do I include his pension in regards to filling out the I-864A? When I look at the 1040 there are a few lines specifically 8a(Taxable Interest) and 10(Taxable refunds, credits, or offsets of state and local income taxes). Do I include them in I-864A? If so, how/where do I include it on the form?

  • 11 months later...
Filed: Country: India
Timeline
Posted
Hello,

I have similar issue. My parents and I are sponsoring my wife and I have shown my parents as household member on form I-864 (affidavit of support). So, I send two I-864 A form, one is for my dad and other is for my mom. I showed their individual income from w-2 on I-864 A. They only have salary income.

Now, after I send those I-864A with other documents to NVC.

But, NVC send me correction checklist stating,"Income indicated on line 11 of the I-864A doesn't correspond to that shown on the most recent tax return and W-2".

Now, my question is which income should I put on line 11 of their individual I-864A? The total joint income shown on their joint tax return or their individual income from W-2?

Please, help me with this issue.


Thank you in advance!!

Filed: Citizen (apr) Country: Mexico
Timeline
Posted
Hello,
I have similar issue. My parents and I are sponsoring my wife and I have shown my parents as household member on form I-864 (affidavit of support). So, I send two I-864 A form, one is for my dad and other is for my mom. I showed their individual income from w-2 on I-864 A. They only have salary income.
Now, after I send those I-864A with other documents to NVC.
But, NVC send me correction checklist stating,"Income indicated on line 11 of the I-864A doesn't correspond to that shown on the most recent tax return and W-2".
Now, my question is which income should I put on line 11 of their individual I-864A? The total joint income shown on their joint tax return or their individual income from W-2?
Please, help me with this issue.
Thank you in advance!!

This post is 2 years old. It would have been best for you to start your own topic in the appropriate forum.

You must put the total income amount from the tax return/transcript, and not the amount from a W-2. Include the most recent tax transcripts and copies of their most recent W-2s that will show their individual income.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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