Help please. Regarding few items in 1-864/1-864A

[MangAntipolo 3]

1st question: Im really confuse in the part of the 1-864/1-864A where it say "My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent 3 years was:" What I understand is that I'll put the Adjusted Gross Income if the form that was used is 1040EZ 'cause that's what my dad used when he filed he's 2012 income tax. But for 2011 and 2010 he used the 1040 form (NOT 1040EZ) which means I should put the Total Income NOT the Adjusted Gross Income? Please correct me if I am wrong.

2nd question: How can I compute the current individual income?

3rd question: In the 1-864 part where it says "I am sponsoring the principal immigrant named in Part 2. YES? NO?(Applicable only in cases with two joint sponsors)". My income is below poverty guideline that is why I had 3 of my family/household member (dad, brother and sister) help me with this. Is that the joint sponsors this question in this part of the 1-864 referring to or not? Should I answer YES or NO?

[aleful 1,905]

hi,

I don't know the answer for all of your questions but on question 3, both of you mark yes

you as the primary sponsor are petitioning your wife, so yes, you are sponsoring the intending immigrant

how many joint sponsors are you having? you can have up to 2 joint sponsors

household members and joint sponsors are 2 different things

Edited October 20, 2013 by aleful

[Gosia & Tito 199]

1st question: Im really confuse in the part of the 1-864/1-864A where it say "My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent 3 years was:" What I understand is that I'll put the Adjusted Gross Income if the form that was used is 1040EZ 'cause that's what my dad used when he filed he's 2012 income tax. But for 2011 and 2010 he used the 1040 form (NOT 1040EZ) which means I should put the Total Income NOT the Adjusted Gross Income? Please correct me if I am wrong.

2nd question: How can I compute the current individual income?

3rd question: In the 1-864 part where it says "I am sponsoring the principal immigrant named in Part 2. YES? NO?(Applicable only in cases with two joint sponsors)". My income is below poverty guideline that is why I had 3 of my family/household member (dad, brother and sister) help me with this. Is that the joint sponsors this question in this part of the 1-864 referring to or not? Should I answer YES or NO?

1, it is always adjusted gross income, regardless of form, the 1040 also has that, right before the box where the tax is computed. The main reason (there are others, but this is the most common) to use 1040 is if one wants to itemize, and that only makes sense if there are sufficient deductions to go over the standard deduction.

2. Not sure who are the individuals in your case, not clear, in any case, it would be what is reported as adjusted gross in the respective tax returns.

[JRF 117]

1, it is always adjusted gross income, regardless of form, the 1040 also has that, right before the box where the tax is computed. The main reason (there are others, but this is the most common) to use 1040 is if one wants to itemize, and that only makes sense if there are sufficient deductions to go over the standard deduction.

2. Not sure who are the individuals in your case, not clear, in any case, it would be what is reported as adjusted gross in the respective tax returns.

Respectfully suggest you double check your answer to #1. I used AGI (I filed a 1040) and got an RFE. As illogical as it seems the instructions say to use Gross Income. For most people, most of the time, they are the same. That said, in my case they were different (GI was higher than AGI - both were well in excess of that needed). Nevertheless NVC had to send an RFE, causing a delay in obtaining our interview appointment.

By way of explanation, and to point out how absurd (to me anyways) the use of GI is...I pay alimony to my ex-wife, income that is not available to me for use in my new household. Surely I figured this should be deducted from income to arrive at the amount actually available to support my wife and I. But...no...as odd as it sounds I was forced to use GI. I triple checked the rules and instructions before replying to the RFE. As a CPA I was negligent for not paying attention to the instructions prior to submittal, so this falls on me.

Edited October 20, 2013 by JRF

[MangAntipolo 3]

hi,

I don't know the answer for all of your questions but on question 3, both of you mark yes

you as the primary sponsor are petitioning your wife, so yes, you are sponsoring the intending immigrant

how many joint sponsors are you having? you can have up to 2 joint sponsors

household members and joint sponsors are 2 different things

What's the difference between joint sponsors and household members? 'Cause I am the principal sponsor and my dad, brother and sister will do the 1-864A Contract Between Sponsor and Household Member since my income is not enough.

[MangAntipolo 3]

Respectfully suggest you double check your answer to #1. I used AGI (I filed a 1040) and got an RFE. As illogical as it seems the instructions say to use Gross Income. For most people, most of the time, they are the same. That said, in my case they were different (GI was higher than AGI - both were well in excess of that needed). Nevertheless NVC had to send an RFE, causing a delay in obtaining our interview appointment.

By way of explanation, and to point out how absurd (to me anyways) the use of GI is...I pay alimony to my ex-wife, income that is not available to me for use in my new household. Surely I figured this should be deducted from income to arrive at the amount actually available to support my wife and I. But...no...as odd as it sounds I was forced to use GI. I triple checked the rules and instructions before replying to the RFE. As a CPA I was negligent for not paying attention to the instructions prior to submittal, so this falls on me.

So what should I put? Adjusted Gross Income or Total Income?

[JRF 117]

Gross if you filed a 1040, AGI if you filed 1040EZ- refer to the instructions (page six of thirteen):

http://www.uscis.gov/files/form/i-864instr.pdf

GI equals AGI in the case of the 1040EZ as the differences between the two involve deductions that, if applied, would prohibit you from filing this form.

Hope this helps.

[MangAntipolo 3]

Can the Current Individual Annual Income be an estimate only?