Adjustment of Status i-864 - Question 25

[Falconhoof 0]

Hi again folks. I entered the US on a K-1 Visa and I am in the process of adjusting my status.

I'm currently trying to fill out form i-864, specifically question 25.

My wife's mother is our joint sponsor, who makes enough on her own to be my sponsor. However she files jointly with her husband.

I've read conflicting information on what to put for line 25 for Adjusted Gross Income. The actual amount on her tax returns is significantly higher than on her W-2 as she files jointly with her husband.

I've read both that she should put her W-2 amount in this box (which isn't what is asked for, W-2s are not adjusted gross income). I've also read that I should simply put what is on the tax return (the joint amount including her husbands income) and they will work it out from her W-2s that her income is sufficient.

Anyone any idea on how I should proceed? A lot of people who have had this issue had it answered easily, as the spouse of the sponsor didn't actually make any money despite filing jointly.

Thanks.

[Penguin_ie 5,993]

**** Moving from K1 fiance visa to AOS from Family Visa forum ****

[phannyta 0]

Hey, i just went through this process less than a month ago the first time i filed for aos i was missing my info on the i-864 since im only 22 my dad was my joint sponsor and he also files his taxes with my mom but i just put what was on his tax return not the w-2 form i guess if they ask you then just explain that to them my husbands greencard was just approved 3 days ago feb 21 2013 and honestly they did not even bring that up!

[phannyta 0]

Oh and just to give you heads up from the day we submitted the aos it took about 2 weeks to get the biometrics appointment and if i wasnt missing my i-864 i wouldve probably gotten the appointment for the interview as well; because i resend the i-864 in january and 2 weeks later i got the letter for the appointment so the whole process took about 4 months and we should recieve the greencard on the mail in 3 weeks! So make sure you have everything the first time you send your packet so there are no delays!

[Nich-Nick 3,354]

Hi again folks. I entered the US on a K-1 Visa and I am in the process of adjusting my status.

I'm currently trying to fill out form i-864, specifically question 25.

My wife's mother is our joint sponsor, who makes enough on her own to be my sponsor. However she files jointly with her husband.

I've read conflicting information on what to put for line 25 for Adjusted Gross Income. The actual amount on her tax returns is significantly higher than on her W-2 as she files jointly with her husband.

I've read both that she should put her W-2 amount in this box (which isn't what is asked for, W-2s are not adjusted gross income). I've also read that I should simply put what is on the tax return (the joint amount including her husbands income) and they will work it out from her W-2s that her income is sufficient.

Anyone any idea on how I should proceed? A lot of people who have had this issue had it answered easily, as the spouse of the sponsor didn't actually make any money despite filing jointly.

Thanks.

I can tell you my experience filling out the I-864.

I filled in the three tax return lines in #25 exactly as they were on my tax return. The question asks what's on your tax return, not what would be on you tax return if....

My oldest tax return was a joint return with my previous spouse. I was filing for a new spouse. I didn't adjust it or explain it. It was straight off the joint tax return and considerably higher than what I reported as my income on line # 23. I did not get an RFE.

If you will include a W2 and employer letter to clearly prove the amount stated on line #23, then it should be fine. Another choice is to include her husband's income on #24b and have him fill out an I-864A to show he goes along with her offering his income.

[Falconhoof 0]

Thank you all very much for the replies. Yeah it makes better sense to give them exactly what they ask for as opposed to anything else.

Fingers crossed I don't get an RFE and that they haven't lost my medical.

Thanks again!