Which income figures used for affidavit I-864?

[lucy884 3]

I had a joint sponsor who I thought earned over the poverty line for the household size of 2 as his income was in the 30k range on his tax return. He put this figure on my affidavit for Part 6, Q5 and Q13a. However, I received a horrible pink Request for Initial Evidence letter the other day saying that my joint sponsor doesn't earn enough to meet the poverty line. At first I thought it was a mistake but when I looked at the tax forms again, turns out his adjusted gross income was only 8k. I think it's because he's self-employed and so business expenses really knocked it down, but I thought they made the judgement based on total income not this adjusted gross income?

Anyway I have managed to find a new joint sponsor who has an employer rather than being self-employed, and before I explain to him about the forms, can anyone just confirm to me which figures are supposed to be entered in Part 6, Q5 and 13a and which figure they make the judgement on? Total income, adjusted gross income? I've read the instructions over and over but they only mention adjusted gross income for 1040EZ - what is different about that tax form?

Really appreciate anyone who can shed some light on this. It was a real blow to find this out

[KayDeeCee 4,893]

They should not be going by AGI, they should be going by line 22 of the most recent 1040, which is Total Income. Someone that is self-employed would have the deductions listed on their Schedule C taken out of that amount, which has been a problem for some self-employed folks needing to sign an affidavit of support. Also, was he single with no dependents of his own? If he was married or had any other dependents of his own, that would up his household size.

As for he new joint sponsor that is employed, they should list their current annual income where it asks. That would be what they are making per hour, times how many hours a week they work, then multiplied by 52 weeks to get their current annual amount. That amount will be backed up and proven with a letter from their employer and/or most recent pay stubs.

[Nich-Nick 3,354]

Total income, adjusted gross income? I've read the instructions over and over but they only mention adjusted gross income for 1040EZ - what is different about that tax form?

Form 1040EZ is a very short tax form that can be used by people with no dependents, a limited amount of interest, not self employed, no dividends, no pension income, no additional Schedules, to name some of the limitations. It gets to "adjusted gross income" by line 4 (instead of Line 37 on a 1040) because if you have a variety of income or adjustments, you can't use the form. There is no line called "Total Income" on the EZ tax form so USCIS can't ask for it of those filers.

[lucy884 3]

Thank you so much Jay Kay and Nich-Nick for your responses, both of which have helped me to understand this a lot better. My mistake was trusting my original joint sponsor's understanding of his own tax returns instead of checking them thoroughly enough myself. Live and learn I suppose :/ I do find it strange though that his not meeting the poverty line was not questioned at the interview I had at the embassy in London before they issued my K1 visa??

Anyway thanks to both of you, I now know that my new joint sponsor won't have used an EZ form as he has dependents so I will ask him to put the income figure of Line 22 of his 1040 form in the boxes for part 6 questions 5 and 13a, rather than Line 37, his adjusted gross income. However, I have checked and his adjusted gross income is more than the minimum required for his household size anyway so either way I should be ok now!

Again, thank you so much

[Nich-Nick 3,354]

Thank you so much Jay Kay and Nich-Nick for your responses, both of which have helped me to understand this a lot better. My mistake was trusting my original joint sponsor's understanding of his own tax returns instead of checking them thoroughly enough myself. Live and learn I suppose :/ I do find it strange though that his not meeting the poverty line was not questioned at the interview I had at the embassy in London before they issued my K1 visa??

Anyway thanks to both of you, I now know that my new joint sponsor won't have used an EZ form as he has dependents so I will ask him to put the income figure of Line 22 of his 1040 form in the boxes for part 6 questions 5 and 13a, rather than Line 37, his adjusted gross income. However, I have checked and his adjusted gross income is more than the minimum required for his household size anyway so either way I should be ok now!

Again, thank you so much

Concerning London and the I-134-- there are no strict rules about income tax. The officer makes a judgement call on the sponsor and if he thinks that guy with the business is suitable to keep the immigrant from becoming a public charge. They don't even require a tax return.

Concerning the I-864 Part 6--

#5 is NOT straight off the tax return. It is what he claims he is making right now, today, if you carried it out to a year. Example his tax return could say $50,000 but now he got a new job only making $25,000. That's what goes in #5...current income.

Or last year a sponsor only started working in August for $2,000/month and earned for 5 months so his tax return shows only $10,000. But that's a $24,000/year salary ($2000x12 months). He puts $24,000 for #5. He proves it with an employer letter or recent paystubs since the tax return doesn't prove it. He still submits that tax return, but they consider the other proofs as well.

#13 a, b, c all come exactly from the tax return Form 1040 line 22. He fills in all three years. He only has to submit the actual tax return + W2 for the most recent year (2012). Or he can submit a tax transcript instead with no W2.

Tax return from last years income could be much the same as his current income if nothing has changed. But it might be different too if he got a raise or a better job or didn't earn as much from investments or retired.

Edited November 12, 2013 by Nich-Nick

[lucy884 3]

Concerning the I-864 Part 6--

#5 is NOT straight off the tax return. It is what he claims he is making right now, today, if you carried it out to a year. Example his tax return could say $50,000 but now he got a new job only making $25,000. That's what goes in #5...current income.

Or last year a sponsor only started working in August for $2,000/month and earned for 5 months so his tax return shows only $10,000. But that's a $24,000/year salary ($2000x12 months). He puts $24,000 for #5. He proves it with an employer letter or recent paystubs since the tax return doesn't prove it. He still submits that tax return, but they consider the other proofs as well.

#13 a, b, c all come exactly from the tax return Form 1040 line 22. He fills in all three years. He only has to submit the actual tax return + W2 for the most recent year (2012). Or he can submit a tax transcript instead with no W2.

Tax return from last years income could be much the same as his current income if nothing has changed. But it might be different too if he got a raise or a better job or didn't earn as much from investments or retired.

I am fairly sure that my new joint sponsor's job has not changed since his most recent tax return, but of course he may have had a pay increase. This explanation makes a great deal of sense and I know Jay Kay mentioned the hourly rate x hours per week x 52 calculation too, I was just unsure which box that figure would go into, but now I know. Thank you!

Since I'm submitting this new joint sponsor in response to an RFE, do you think I should be more thorough and ask him to send me copies of his tax returns from 2011 and 2010 too just to be safe, or should 2012 + W-2s, the employer letter and pay stubs be enough?

[Nich-Nick 3,354]

Since I'm submitting this new joint sponsor in response to an RFE, do you think I should be more thorough and ask him to send me copies of his tax returns from 2011 and 2010 too just to be safe, or should 2012 + W-2s, the employer letter and pay stubs be enough?

Have you read through the instructions to the form? (13 pages). On page 6-- "If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years." That's your call. Three good years looks good, but if they were up and down, or lots of different employers (on W2s), maybe wouldn't look stable.

Read the instructions to pick up on all the details so you don't mess up again.

[lucy884 3]

Have you read through the instructions to the form? (13 pages). On page 6-- "If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years." That's your call. Three good years looks good, but if they were up and down, or lots of different employers (on W2s), maybe wouldn't look stable.

Read the instructions to pick up on all the details so you don't mess up again.

I read the instructions a few times, even printed and highlighted bits, I thought I had been really thorough which is why this was a let down. At least I have a chance to set it right though. I have definitely read that part you quoted but just wondered whether it's best to give them everything anyway even if the sponsor's job has been stable, since it's an RFE. Anyway, I'll sort it out, thanks for your help, you really have helped me out a good few times now! Always appreciate it.

[Nich-Nick 3,354]

I read the instructions a few times, even printed and highlighted bits, I thought I had been really thorough which is why this was a let down. At least I have a chance to set it right though. I have definitely read that part you quoted but just wondered whether it's best to give them everything anyway even if the sponsor's job has been stable, since it's an RFE. Anyway, I'll sort it out, thanks for your help, you really have helped me out a good few times now! Always appreciate it.

My personal approach to all of immigration is minimalistic. Send what is reqired without so much extra stuff they can't find the important things. Many others feel that overload is the only way to go. You have to decide what feels right for your peace of mind.

Don't forget this sentence on page 9 -- "A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant."

You have to prove that bolded part with documentation or they won't look at or consider their I-864. We hadn't discussed that bit is why I said go over the instructions one more time now that you are clearer...just to check for any more details. I had to read the I-864 and I-864a instructions about four times before it began to make sense to me. Information overload at first. Whew! I am like you. I have to print it all out and highlight when I read immigration or IRS instructions.

[lucy884 3]

My personal approach to all of immigration is minimalistic. Send what is reqired without so much extra stuff they can't find the important things. Many others feel that overload is the only way to go. You have to decide what feels right for your peace of mind.

Don't forget this sentence on page 9 -- "A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant."

You have to prove that bolded part with documentation or they won't look at or consider their I-864. We hadn't discussed that bit is why I said go over the instructions one more time now that you are clearer...just to check for any more details. I had to read the I-864 and I-864a instructions about four times before it began to make sense to me. Information overload at first. Whew! I am like you. I have to print it all out and highlight when I read immigration or IRS instructions.

My new joint sponsor is my husband's cousin and he's a US citizen so I asked him to include a copy of his birth certificate. Thank you for looking out for me with that though!