Jump to content
K&E2009

Adjusted Gross Income on I-864

 Share

9 posts in this topic

Recommended Posts

Filed: Other Country: Ireland
Timeline

Hello all,

So here's the situation. I'm adjusting from a K-1.

My wife filed her taxes. Her USA earned income for last year was in the mid teens (thousands). Her foreign earned income for last year was also in the mid teens (thousands).

As a result, her taxman came to the conclusion that her Adjusted Gross Income was just over $2,000... How is this possible!?!

I am the first to admit that I don't understand the American tax system... but this just doesn't make sense in my head.

He took the foreign earned income from the USA earned income and came up with the Adjusted Gross Income. Is that correct?

We are filling out form I-864 and it looks pathetic!

Should we put in her Total income instead of the Adjusted one?

Should we put in her USA earned income?

Should we put in the Extremely LOW adjusted income?

Clueless! :bonk: :bonk: :bonk:

:help:

K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

Link to comment
Share on other sites

Um, no, you don't subtract one income from the other to get the total.... Shady shady business.

Put the total income. Also, I would amend your taxes. I believe the concept is to put the total income and then subtract taxes paid abroad from the total taxes due, so that you only have tax liability one time for each country.

Is this tax man competent?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jamaica
Timeline

Look at IRS tip 2010-57. There is an exclusion when filing taxes. Based on form F2555EZ, the foreign income is deducted from the US income so that it is not taxed twice. Go to the IRS website and look at line 18 on the form.

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

Ccut.jpg.png

Link to comment
Share on other sites

This still doesn't make sense to me, because the person needs to pay taxes on the US income, and subtracting both incomes they have almost zero tax liability in the US. It seems like "half tax." However, if I am wrong, I apologize.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jamaica
Timeline

http://www.irs.gov/pub/irs-prior/f2555ez--2005.pdf

That was a 2005 edition but it was the link from IRS

Edited by kcoyclay1

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

Ccut.jpg.png

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Jamaica
Timeline

http://www.irs.gov/pub/irs-pdf/f2555.pdf

This is for 2011. I guessed she qualified for foreign income exclusion based on the income level.

STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

Ccut.jpg.png

Link to comment
Share on other sites

That form also has you determine what percentage of that income is subtracted based on the percentage of the year you lived abroad. You don't subtract all of your income from all of your US income without some sort of factor (unless you lived/earned abroad the whole year).

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

Filed: Other Country: Ireland
Timeline

Thank you, thank you, thank you for the quick responces!

I'm with Harpa Timsah on this... it just doesn't make sense to me! BUT, maybe we are wrong!

So, you guys are saying put the Total income (USA Income)? Then go back to the tax man and ask him to explain it. 'Cause I'm very confused!

:thumbs:

K-1 Visa Journey
08/05/2011 I-129F sent
08/09/2011 I-129F recieved and signed for by C.Viella @ Lewisville, TX
08/11/2011 NOA1 email recieved
08/12/2011 Cheque cashed by USCIS
08/16/2011 NOA1 Hard Copy recieved
12/05/2011 NOA2 Email recieved: Approved
12/09/2011 NOA2 Hard Copy recieved: Approved
01/10/2012 Medical
01/24/2012 NVC received File
01/26/2012 NVC transferred to Embassy
02/06/2012 Embassy Received
02/08/2012 Packet 3 Received
02/16/2012 Packet 3 Sent back to Embassy
02/17/2012 Embassy Received
03/01/2012 Packet 4 Received
03/13/2012 Interview Date: APPROVED
04/05/2012 POE: Dublin, Ireland

Your I-129f was approved in 116 days from your NOA1 date.
Your interview took 215 days from your I-129F NOA1 date.

04/25/2012 AOS sent
04/30/2012 AOS Received and signed for by CHYBA @ Chicago, IL
05/03/2012 Cheque cashed by USCIS
05/04/2012 Biometrics letter sent
05/29/2012 I-485 transferred to CSC
06/01/2012 Biometrics appointment
07/06/2012 EAD+AP Card Production (68 days)
07/14/2012 EAD+AP Card Received

04/18/2013 Filed for EAD+AP renewal
04/19/2013 Contacted Congressman
04/19/2013 RFE for form I-693
05/06/2013 RFE response under review
05/21/2013 AOS APPROVED!
05/25/2013 Green Card IN HAND!

Your AOS was approved in 392 days from your send-date.

Link to comment
Share on other sites

Filed: Timeline

Thank you, thank you, thank you for the quick responces!

I'm with Harpa Timsah on this... it just doesn't make sense to me! BUT, maybe we are wrong!

So, you guys are saying put the Total income (USA Income)? Then go back to the tax man and ask him to explain it. 'Cause I'm very confused!

:thumbs:

For the question asking about your income, you put ALL of your income, U.S. or non-U.S. For the question asking about your tax returns, use your "Total Income" from your U.S. tax return, not your AGI, as long as you're not self-employed. If the AGI is really that much less than your U.S. Total Income, it's probably because the OP is self-employed and deducts a lot of business expenses. In this case, only the income left over after expenses counts toward the income you need to sponsor.

If your U.S. 1040 doesn't show your non-U.S. income, the I-864 instructions say you can submit a copy of your foreign tax returns showing your non-U.S. income.

Edited by grrrrreat
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...