I-864 Co-Sponsor - Joint filer - Item 25

[Navyk 78]

Dear VJ experts,

This thread is opened to try to remove the confusion regarding filling the Item 25 of I-864 of the Co-Sponsor, who files his return jointly and is using only his income to support and wants to submit IRS Tax Transcripts only. I request particularly those that filed their I-864 as explained above to respond their experience (since many think that the item 25 should have just 60,000, 55,000 & 50,000 respectively (just the co-sponsors W-2 amounts) but there was a guy that shared in the forum regarding his RFE where NVC mentioned that the amounts did not match the AGI of the transcripts). We only want to know what NVC expects - I am also going to email NVCinquiry@state.gov requesting clarification.

Please use the example of a Joint filer with AGI from 1040:

2010 is 100,000

2009 is 90,000 and

2008 is 80,000.

And the W-2 of the co-sponsor:

for 2010 is 60,000

for 2009 is 55,000 and

for 2008 is 50,000

[Navyk 78]

Dear VJ experts,

This thread is opened to try to remove the confusion regarding filling the Item 25 of I-864 of the Co-Sponsor, who files his return jointly and is using only his income to support and wants to submit IRS Tax Transcripts only. I request particularly those that filed their I-864 as explained above to respond their experience (since many think that the item 25 should have just 60,000, 55,000 & 50,000 respectively (just the co-sponsors W-2 amounts) but there was a guy that shared in the forum regarding his RFE where NVC mentioned that the amounts did not match the AGI of the transcripts). We only want to know what NVC expects - I am also going to email NVCinquiry@state.gov requesting clarification.

Please use the example of a Joint filer with AGI from 1040:

2010 is 100,000

2009 is 90,000 and

2008 is 80,000.

And the W-2 of the co-sponsor:

for 2010 is 60,000

for 2009 is 55,000 and

for 2008 is 50,000

I am still looking for somebody who used a co-sponsor with joint tax filing to response. Thanks in advance.

[I_love_my_hubby 0]

I am still looking for somebody who used a co-sponsor with joint tax filing to response. Thanks in advance.

I used my aunt as a co-sponsor & she had also filed tax jointly with my uncle. So on her I-864 Question 25 she placed her total income which is on line 22 from FORM 1040. Likewise, she has done the same for the year 2009 & 2008. None of those number are whole numbers like you have mentioned above such as $50,000 or $55,000 or $60,000. I didn't get RFE on my aunt's I-864. I also placed copy of my aunt's tax return so they can refer to it if they needed to. Hope this helps.

[Navyk 78]

I used my aunt as a co-sponsor & she had also filed tax jointly with my uncle. So on her I-864 Question 25 she placed her total income which is on line 22 from FORM 1040. Likewise, she has done the same for the year 2009 & 2008. None of those number are whole numbers like you have mentioned above such as $50,000 or $55,000 or $60,000. I didn't get RFE on my aunt's I-864. I also placed copy of my aunt's tax return so they can refer to it if they needed to. Hope this helps.

Thanks a lot. for sharing. This is what we thought is the way the I-864 needs to be filled in, but we had different thought that came up from a few experienced VJers, so we wanted to get the feedback from someone who actually filed thus.

Dave, here is the answer for you.

Edited August 10, 2011 by NavyK

[Dave and Kinnari 31]

I used my aunt as a co-sponsor & she had also filed tax jointly with my uncle. So on her I-864 Question 25 she placed her total income which is on line 22 from FORM 1040. Likewise, she has done the same for the year 2009 & 2008. None of those number are whole numbers like you have mentioned above such as $50,000 or $55,000 or $60,000. I didn't get RFE on my aunt's I-864. I also placed copy of my aunt's tax return so they can refer to it if they needed to. Hope this helps.

Thanks for your response! You have no idea how much this helps!

Thanks a lot. for sharing. This is what we thought is the way the I-864 needs to be filled in, but we had different thought that came up from a few experienced VJers, so we wanted to get the feedback from someone who actually filed thus.

Dave, here is the answer for you.

So the e-mail Anktic posted from NVC was correct. Pushbrk was quick to judge that one as I am sure those guys over there have a list of answers for all scnerios.

Glad this was answered before I sent off just the single W-2 amounts on line 25...

Will send later this afternoon. I have an exam in a few hours that I have to take care of first.

Thanks again guys.

[Navyk 78]

Thanks for your response! You have no idea how much this helps!

So the e-mail Anktic posted from NVC was correct. Pushbrk was quick to judge that one as I am sure those guys over there have a list of answers for all scnerios.

Glad this was answered before I sent off just the single W-2 amounts on line 25...

Will send later this afternoon. I have an exam in a few hours that I have to take care of first.

Thanks again guys.

It is better to delay by an additional day and double check then to send in hurry and get an RFE and loose more days.

I wanted to use my father as co-sponsor just to make my AOS strong but refrained due to this very issue and as i didn't want an RFE and also as I had just one low income year - 2010 - on account of schooling from 08/2009 to 05/2011.

[pushbrk 12,883]

Thanks for your response! You have no idea how much this helps!

So the e-mail Anktic posted from NVC was correct. Pushbrk was quick to judge that one as I am sure those guys over there have a list of answers for all scnerios.

Glad this was answered before I sent off just the single W-2 amounts on line 25...

Will send later this afternoon. I have an exam in a few hours that I have to take care of first.

Thanks again guys.

You've got this entirely backwards. The experience you are quoting show success doing it exactly as I described, not as the excerpt (without context) of the email from NVC quoted earlier. The problem with asking questions and getting answers is that if you ask the wrong question, you'll get the wrong answer.

"My" income is never "our" income unless only one person on the joint return is earning the income. Think of it this way. If you filed a petition in March 2011 and are now providing an I-864 but you filed taxes in 2010 jointly with a former spouse who was the sole income earner, you would state your "My" income for 2010 as ZERO, because YOUR income was nothing.

If one wants to wear belt AND suspenders for joint sponsor who files jointly with a spouse who also has earnings, have them file I-864 and I-864a, showing primary sponsor's personal income for themselves and household member's (joint filing spouse) personal income where asked, so that the total household income matches their current joint income. Current income may or may not be the same as shown on the last tax return and usually isn't unless the couple are self employed.

Here's an example. 2010 income for husband is 55k and same for wife totaling 110k for 2010. Husband takes a three month leave of absence and comes back to work at 60k while wife remains at 55k. Husband's current income is now 60K even though he took three months off.

Edited August 10, 2011 by pushbrk

[I_love_my_hubby 0]

Thanks a lot. for sharing. This is what we thought is the way the I-864 needs to be filled in, but we had different thought that came up from a few experienced VJers, so we wanted to get the feedback from someone who actually filed thus.

Dave, here is the answer for you.

Your most welcome. Hope that your case gets completed by the end of this week. Good luck

[I_love_my_hubby 0]

Thanks for your response! You have no idea how much this helps!

Your most welcome. I am glad that the information was helpful. Also, good luck on your exam & hope that the rest of the process is a smooth one for you.

[pushbrk 12,883]

I used my aunt as a co-sponsor & she had also filed tax jointly with my uncle. So on her I-864 Question 25 she placed her total income which is on line 22 from FORM 1040. Likewise, she has done the same for the year 2009 & 2008. None of those number are whole numbers like you have mentioned above such as $50,000 or $55,000 or $60,000. I didn't get RFE on my aunt's I-864. I also placed copy of my aunt's tax return so they can refer to it if they needed to. Hope this helps.

Please clarify. You say she placed "her" income but she has joint income with her husband. That would mean the income from line 22 would not be "hers" but "theirs". Did you state her income or their income?

[I_love_my_hubby 0]

Please clarify. You say she placed "her" income but she has joint income with her husband. That would mean the income from line 22 would not be "hers" but "theirs". Did you state her income or their income?

Since my aunt was the main co-sponsor she has filled out I-864 & since she filed her federal tax jointly with her husband he has filled out I-864A (Contract between sponsor and household member). Since both of them earned the same amt of money in 2010 she stated their income. I also attached their federal tax return so NVC could see where she got those numbers from. That's how we filled for it and didn't have any sort of issue with it.

P.s. they are also self employed.

Edited August 10, 2011 by Nilu&Bhakti

[pushbrk 12,883]

Since my aunt was the main co-sponsor she has filled out I-864 & since she filed her federal tax jointly with her husband he has filled out I-864A (Contract between sponsor and household member). Since both of them earned the same amt of money in 2010 she stated their income. I also attached their federal tax return so NVC could see where she got those numbers from. That's how we filled for it and didn't have any sort of issue with it.

P.s. they are also self employed.

See bold above. THAT is why what you did was correct. Employed people don't do it that way. Without knowing the actual circumstances, it's difficult to know the right thing to do. When incomes are separate, "individual" MY income can be stated and documented, thereby avoiding the I-864a from the household member. In your situation, you did the only thing that will work. This does NOT apply to the OP's situation where income is from separate sources.

[Navyk 78]

Since my aunt was the main co-sponsor she has filled out I-864 & since she filed her federal tax jointly with her husband he has filled out I-864A (Contract between sponsor and household member). Since both of them earned the same amt of money in 2010 she stated their income. I also attached their federal tax return so NVC could see where she got those numbers from. That's how we filled for it and didn't have any sort of issue with it.

P.s. they are also self employed.

Nilu & Bhakti, so both aunt (I-864) and uncle (I-864A) joined as co-sponsors in your case.

This is not same as the response from Anktic or did he also use both joint filers as co-sponsors. Anktic, we appreciate if you could please confirm.

[Navyk 78]

Please clarify. You say she placed "her" income but she has joint income with her husband. That would mean the income from line 22 would not be "hers" but "theirs". Did you state her income or their income?

Though it is more confusing, it makes sense that my income needs to be my income and not including my spouse income just because I file jointly. I have no confusion with item 23 at all. It is only item 25 that threw me off a bit - I am leaning towards your view, as 23 and 25 needs to be similar.

Due to this confusion, I just dropped the idea of using my father as Co-sponsor - of course on your advise regarding my income.

[Dave and Kinnari 31]

See bold above. THAT is why what you did was correct. Employed people don't do it that way. Without knowing the actual circumstances, it's difficult to know the right thing to do. When incomes are separate, "individual" MY income can be stated and documented, thereby avoiding the I-864a from the household member. In your situation, you did the only thing that will work. This does NOT apply to the OP's situation where income is from separate sources.

That bold statement is very important to be left out.

So glad I read this before I take my aos to the post office.