i864 OR i864A

[Dave and Kinnari 31]

The annual income is what you put on line 23. This is FIL's only. I got this ballpark figure from 2010 W-2.

Line(s) 25 is the annual gross income from the joint return. This is why you must include the W-2's of either the FIL's or both FIL and MIL so the reviewing officer knows how much income the only joint sponsor (FIL) is making.

This is how I filed my paperwork and was instructed to do so via NVC and a local immigration lawyer.

Edited August 1, 2011 by Dave and Kinnari

[Anh map 2,098]

Current year income means 2011. If a person earns $100 per week, annual income is $5200. Doesn't matter what time of the year, the annual income is $5200.

For past years' income you are only giving the joint sponsor's income. Not the total income shown on their joint return. Use the joint sponsor's W2 to obtain that income number. (Unless the joint sponsor is self employed. Then a completely different number is used.)

[Dave and Kinnari 31]

Current year income means 2011. If a person earns $100 per week, annual income is $5200. Doesn't matter what time of the year, the annual income is $5200.

For past years' income you are only giving the joint sponsor's income. Not the total income shown on their joint return. Use the joint sponsor's W2 to obtain that income number. (Unless the joint sponsor is self employed. Then a completely different number is used.)

Read the actual I-864. You are to provide the income figures from the annual gross income of whatever income it is joint or single. You are to supply the W-2's so the reviewing officer can break the income apart on a joint return. This was clearly read to me via NVC over the phone.

[Anh map 2,098]

Read the actual I-864. You are to provide the income figures from the annual gross income of whatever income it is joint or single. You are to supply the W-2's so the reviewing officer can break the income apart on a joint return. This was clearly read to me via NVC over the phone.

The sponsor is instructed to list their total income, not their spouse's. (A spouse's income may be included via form I-864A and line 24b) A joint return lumps those incomes together. A sponsor has to use the source documents (W2, 1099, etc.) to obtain their individual information.

With any joint return / transcript a sponsor must supply the W2 to verify the individual income claim. Thus all the information is there for the CO to evaluate.

Edited August 1, 2011 by Anh map

[Dave and Kinnari 31]

The sponsor is instructed to list their total income, not their spouse's. (A spouse's income may be included via form I-864A and line 24b) A joint return lumps those incomes together. A sponsor has to use the source documents (W2, 1099, etc.) to obtain their individual information.

With any joint return / transcript a sponsor must supply the W2 to verify the individual income claim. Thus all the information is there for the CO to evaluate.

Ok so what income are we supposed to use? The income before taxes are taken out or with everything calculated in taxes, SS, medicare, etc. ?

[Dave and Kinnari 31]

I got this from the i-864 itself.

For purposes of this affidavit, the line for gross (total) income

on IRS Forms 1040 and 1040A will be considered when

determining income. For persons filing IRS Form 1040 EZ,

the line for adjusted gross income will be considered.

Most people that file the joint return use the 1040A form. So the line for gross income which is what both husband and wife made is supposed to be included on line 25 of the i-864.

Correct me if I am reading wrong...

[pushbrk 13,174]

Safe bet in this case is I-864 from petitioner and another from the joint sponsor because he is the head of household. If if the joint sponsor's spouse has income, provide an I-864a from the joint sponsor's spouse as well.

[Navyk 78]

I got this from the i-864 itself.

Most people that file the joint return use the 1040A form. So the line for gross income which is what both husband and wife made is supposed to be included on line 25 of the i-864.

Correct me if I am reading wrong...

The instructions are very clear and simple as far as Item 25 is concern. It is the Adjusted Gross Income from the tax return filed - doesn't matter whether it was filed single or joint. It is therefore the sponsor is required to send copies of his/her W-2 in case of joint filing (with IRS Transcripts - if sending full tax return W-2s of both husband and wife are automatically included), to enable NVC to know how much of the amount in 25 is of the sponsors - you don't calculate and enter a different amount in 25. If you do so, you will get a RFE.

Bottomline, show in item 25, the amount of AGI from the jointly filed tax return and also send copies of your W-2s.

Item 24 is the current annual income of the sponsor, which generally is used NVC to check whether the sponsor is able to cover the beneficiary fully or not. The old income give them factual details to the past record of the sponsor's income. It is also for this very reason one needs to provide employment letter showing current annual income and/or latest pay stubs to back your current annaul income. In cases like mine, who doesn't have good 2010 income due to being in school, I need to prvovide an explanation letter stating the reason for my low 2010 income. And my 2009 & 2008 helps to prove that - hence 2009 & 2008 are optional only.

Hope this clarifies.

Edited August 2, 2011 by NavyK

[Anh map 2,098]

Ok so what income are we supposed to use? The income before taxes are taken out or with everything calculated in taxes, SS, medicare, etc. ?

Generally for a wage/salary earner using the gross income is fine.

[pushbrk 13,174]

I got this from the i-864 itself.

Most people that file the joint return use the 1040A form. So the line for gross income which is what both husband and wife made is supposed to be included on line 25 of the i-864.

Correct me if I am reading wrong...

You ARE wrong. The instruction doesn't cover what to do for a joint return. When asked for YOUR income, you provide YOUR income. You are completing a statement that starts with the singular pronoun, "MY", not "OUR".

Just to clarify, when the the 1040 is used, you state line 22 income for an individual return and actual gross income of the individual in case of a joint return. Only if the return is filed using the 1040EZ does the Adjusted Gross Income come into play.

[bigdog 377]

Hi ,

I have received my interview letter and I will have to re-submit form i864 at the interview because NVC has closed my case and asked me to submit the require forms at the interview.

Here is What I have sent

My wife have filed i864 but she does not make enough to be able to sponsor me So I have a joint sponsor My father in law

They both have the same address and my wife lives with his father and he claims her as a dependent.

My question is, since my wife lives at the same residence as my joint sponsor(her dad)will he have to fill out 1-864A or another I-864?

Earlier I have sent i864 filed by my wife and another i864 files by my father in law and NVC have reviewed the forms and sent checklist letter to me

Checklist for I-864 (filed by the petitioner my wife)

Supporting Documents missing or incomplete

Part 8 Sponsor's Contract

[x] The sponsor's signature must be original.

[x] The sponsor's signature must be in blue or black pen.

Checklist for I-864 (filed by the joint sponsor my father in law)

Supporting Documents missing or incomplete

Part 6 Sponsor's Income and Employment

[x] Name Of Joint Sponsor's income indicated on the I-864 Part 25 does not correspond to that

shown on the most recent tax return and W-2(s).

My Father in law is filling taxes jointly with her wife so I will need to make this correction ?

Question 23. My current individual annual income is: 39k $ (from W2)

Question 25. Federal income tax return information. My total income (adjusted gross income on IRS) : 60k

Another twist is that today I went to meet an immigrant lawyer in my town and show him the corrected i864 form While he was looking at the forms he asked me that does your wife and his father live in the same house ? I replied yes

Then he said that Your affidavit of support forms will be denied

You need i864 filed by the petitioner (my wife) and i864a filed by the joint sponsor (my father in law)

I am totally lost and confused right now coz a member have suggested

Can anyone please guide me in the right direction ?

Thanks,

Ankit C

I would take both forms, easy to fi8lss out, Navy K is right.

[pushbrk 13,174]

Current year income means 2011. If a person earns $100 per week, annual income is $5200. Doesn't matter what time of the year, the annual income is $5200.

For past years' income you are only giving the joint sponsor's income. Not the total income shown on their joint return. Use the joint sponsor's W2 to obtain that income number. (Unless the joint sponsor is self employed. Then a completely different number is used.)

2011 is the current year but there is no question on any affidavit of support that asks for "current year" income. Your have described how to calculate "current income" for an employed person with a steady job. If self employed, current income is (now) line 22 of the 2010 tax return. For those with a job that isn't steady like construction or merchant marine etc. Current income calculations depend on the circumstances.

"Current income", (for the steadily employed) is what one will earn in the next 12 months if they keep their job, not what they will earn in the current calendar year.

Edited August 2, 2011 by pushbrk

[Dave and Kinnari 31]

The FIL needs to fill out the form properly. The income on his 864 is only his, not his wife's. Therefore some calculations will have to be done rather than taking numbers from the tax transcript / return.

Line 23 = FIL current year annualized income. Line 25 = FIL income only from the past 3 tax returns (use W2 number)

So for line 25...we are talking about the gross income. Since my father is the only income I am going to use on this joint return and not my mothers his individual income would be the "wages tips and other compensation" from the W-2 correct?

Also would it be worthwhile to send my mother's w-2 with tha aos? She was working in 2008 and 2009 but all of 2010 she was UC (Unemployment Compensation). I have no forms stating that she was on UC either for 2010. The tax transcript for that year clearly states Unemployment Compensation though.

[Anh map 2,098]

W2 income is correct.

[Ankitc 0]

W2 income is correct.

That what I had used for my FIL's i864 and I received a checklist letter

Checklist for I-864 (filed by the joint sponsor my father in law)

Supporting Documents missing or incomplete

Part 6 Sponsor's Income and Employment

[x] Name Of Joint Sponsor's income indicated on the I-864 Part 25 does not correspond to that

shown on the most recent tax return and W-2(s).