I-864ez Should I Use Line 22 or Line 37 on 1040.

[Paps IR5 6]

Hello,

I got checklisted yesterday via email from NVC about my 864ez. I am confused on what to put on Part 5, no. 19 on most recent income tax return. Am I supposed to use the Line 37 on 1040(Adjusted Gross Income) or Line 22 as total income. I am so worried, cuz I just sent out the new form today and realized that some people said to use Line 22. I filed ITR jointly with hubby but will be using only my own income.

NVC Check listed me on 864ez part, no. 19 that is not correspond to ITR/W2s:

Which one is correct to use?

Line 22 *(total Income)

or

Line 37 *(Adjusted Gross Income) on 1040?

Should I send another 864ez set and use line 22?

I just sent out new 864ez today but I use the Line 37?

huhuhuhu

[noahsmama 6]

You should use line 22 combined income. Also have your husband fill out I-864 as well because you guys filed joint. The Consulate might ask for his because you are married.

That was the mistake I made. My mother got 221G after the interview, they needed my husband I-864 A even though my income is above the poverty guideline. We also filed joint tax return last year.

Edited October 29, 2013 by noahsmama

[newacct 688]

Line 22 (total Income). Not Line 37 (Adjusted Gross Income). If you don't have some adjustments on lines 23-35, total income and adjusted gross income will be the same.

[Paps IR5 6]

You should use line 22 combined income. Also have your husband fill out I-864 as well because you guys filed joint. The Consulate might ask for his because you are married.

That was the mistake I made. My mother got 221G after the interview, they needed my husband I-864 A even though my income is above the poverty guideline. We also filed joint tax return last year.

Noahsmama,

You are right, I just hung up the phone with NVC representative. She said 864ez is fine but I have to use the line 22 on ITR 1040.. I ask if this is going to be an issue on my local embassy in Manila since I am married and filed income tax jointly with my hubby, and she said that there should be no problem since they accepted my 864ez. They just need the new form 864ez correction on Part5, no. 19.

Edited October 30, 2013 by Paps IR5

[Paps IR5 6]

Line 22 (total Income). Not Line 37 (Adjusted Gross Income). If you don't have some adjustments on lines 23-35, total income and adjusted gross income will be the same.

newacct

thank you. NVC verified this to me that I should use line 22 on my ITR 1040.

I am resending the new form 864ez tomorrow with the correct number on part 5, no. 19.

Edited October 30, 2013 by Paps IR5

[noahsmama 6]

NvC accepted my documents too but the consulate asked for my hubb's i 864 because im married. You can have your hubby fill out the form, and have your parents bring to the interview incase they ask. I am just looking out, don't want ppl make the same mistake that i did.

Edited October 30, 2013 by noahsmama

[Paps IR5 6]

NvC accepted my documents too but the consulate asked for my hubb's i 864 because im married. You can have your hubby fill out the form, and have your parents bring to the interview incase they ask. I am just looking out, don't want ppl make the same mistake that i did.

Thank you noahsmama,

So if I have my hubby fill out form I- 864, do I have to have his w2 as well or any supporting documents, since I am the principal petitioner? or I only need his 864?

Edited October 30, 2013 by Paps IR5

[Paps IR5 6]

(3) Use of Spouse's Income. A sponsor's spouse who qualifies as a household
member and wishes to have his or her income included as a household member
generally needs to complete a Form I-864A. However, if the spouse is not willing to
let the sponsor rely on the spouse's income, that is acceptable. In this situation, the
sponsor needs to show his or her own income and which portion of any assets used
to qualify can be attributed to him or her.

I found this info at USCIS.gov

[noahsmama 6]

(3) Use of Spouse's Income. A sponsor's spouse who qualifies as a household

member and wishes to have his or her income included as a household member

generally needs to complete a Form I-864A. However, if the spouse is not willing to

let the sponsor rely on the spouse's income, that is acceptable. In this situation, the

sponsor needs to show his or her own income and which portion of any assets used

to qualify can be attributed to him or her.

I found this info at USCIS.gov

I hired a lawyer for my mother's petition, even he found very odd that the Consulate asked for my husband's income information even though my income is way above the poverty guidelines. The reason for that because me and my husband filed joint tax return.

At interview, the immigration officer asked my mother " Where is your son-in-law's I-864? He doesn't approve you come to the state? Your daughter is married right? Blah blah....

Since you guys filed joint tax return just like me. To be on the safe side, you should have your husband fill out FORM I-864 A. You fill out FORM I-864.

On the I-864 A form, he needs to check Question 8 (relationship to sponsor) Check Letter C and Spouse. Skip question 12, if your income is above the poverty guidelines. Part 2, question 13, I SPONSOR _____ (input your full name)

and you sign 14_____. Then your husband fill in his name Part 3 Question 15 and input the number of people you are sponsoring.

You need to have your husband print out recent pay stubs and his recent W2 for supporting documents.

Good luck!

[noahsmama 6]

It is all up to you. They might not even ask for your husband's I-864a. You will never know what type of question they might ask. It is better to be prepared than not. Since it has happened to me, chances of happening to you 50/50, because you filed joint tax return.

Edited October 30, 2013 by noahsmama

[newacct 688]

I hired a lawyer for my mother's petition, even he found very odd that the Consulate asked for my husband's income information even though my income is way above the poverty guidelines. The reason for that because me and my husband filed joint tax return.

At interview, the immigration officer asked my mother " Where is your son-in-law's I-864? He doesn't approve you come to the state? Your daughter is married right? Blah blah....

Since you guys filed joint tax return just like me. To be on the safe side, you should have your husband fill out FORM I-864 A. You fill out FORM I-864.

On the I-864 A form, he needs to check Question 8 (relationship to sponsor) Check Letter C and Spouse. Skip question 12, if your income is above the poverty guidelines. Part 2, question 13, I SPONSOR _____ (input your full name)

and you sign 14_____. Then your husband fill in his name Part 3 Question 15 and input the number of people you are sponsoring.

You need to have your husband print out recent pay stubs and his recent W2 for supporting documents.

Good luck!

But it's not just as simple as being on the safe side. You are asking somebody to sign onto a financial obligation that they shouldn't need to.

[noahsmama 6]

I did what i had to do to get the visa approved. I am sure her husband would be ok if that's what it takes. She doesn't need to do what I suggested, its all up to her.

What happened to us, it caused a lot tress. I don't want the samething happen to others if it can be prevented. I am just trying to help.

[linmou 0]

Hi All,

I have the same question, so I am going to submit the I-864ez form again, but just the form I don't need to include the W2 and the tax transcript again, right?

thanks a lot.