I-864 question

[madole2012 0]

My husband is my sponsor and our jointly filed tax return shows Adjusted Gross Income in 1040 a negative number. I am currently employed. My question is: should I fill in my wage from my W2 form in Line 24b?

Thank you very much for any suggestion! We are going to the interview in 10 days.

[Darnell 8,479]

what are you interiewing for, and where ?

[madole2012 0]

what are you interiewing for, and where ?

Thank you for the response. I am interviewing for marriage based green card application and the interview place is in Norfolk, VA. The USCIS-NBC office is handling my case.

[Darnell 8,479]

so, you are doing an adjustment of status case, not pursuing a CR-1/IR-1 visa case.

What is your current visa status and work status?

[madole2012 0]

so, you are doing an adjustment of status case, not pursuing a CR-1/IR-1 visa case.

What is your current visa status and work status?

yes, I am adjusting my status. I was on employment base green card application, now transferring to marriage-based green card application. I am currently a H1b visa holder. I got my I-140 approved in Eb3 category. I have submitted my I-130 and now USCIS transferred my I-485 to the Vermont center.

My 2 questions:

1. should line 23 in I-864 the Adjust gross income in the 1040 Tax Return?

2. should I use my W2 income for line 24b in I-864?

Thank you!!!

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas; OP is going through the AOS process, not the spousal visa process.

[Darnell 8,479]

ok - shift your thinking a bit more.

for an adjustment of status case,

For a beneficiary -

how to claim YOUR income on an I-864 ...

1. you have prior years income? report it

2. you have current job, that will continue AFTER you adjust your status? report it, showing 'current annual income' on your I-864.

the petitioner is the primary sponser and with your exact situation (adjusting status from a work-visa holder already in the USA), your income can be used, computed, on a 2nd I-864, an I-864 on YOU.

Good Luck !

[madole2012 0]

ok - shift your thinking a bit more.

for an adjustment of status case,

For a beneficiary -

how to claim YOUR income on an I-864 ...

1. you have prior years income? report it

2. you have current job, that will continue AFTER you adjust your status? report it, showing 'current annual income' on your I-864.

the petitioner is the primary sponsor and with your exact situation (adjusting status from a work-visa holder already in the USA), your income can be used, computed, on a 2nd I-864, an I-864 on YOU.

Good Luck !

Darnell,

I really appreciate your help. Let me ask you further: yes, i do have prior years' income, but I filed the tax return with my husband. The tax return includes both our income. How can I decide his income? He is self-employed. Since his business is losing money (through real estate depreciation), even though he makes about 6 thousand dollars each month, our Adjusted Gross Income in the 1040 is negative number. That is my concern. I was afraid that my income is not enough to balance his lose. However, if Line 24b in I-864 refers to the number in my W2 form, I am OK.

That is why I keep asking if W2 form number can be used for Line 24b.

Thank you very much!

[Darnell 8,479]

got it.

NO - w-2 forms are not used - it's the tax form, instead. 1040/1040A/1040EZ .

[madole2012 0]

got it.

NO - w-2 forms are not used - it's the tax form, instead. 1040/1040A/1040EZ .

Then how can I separate my income from his? We filed joint tax return.