I864EZ: most income from W2 and small self-employment income

[atlantos 0]

Hello,

I have following income distribution from 2012:

• $85,000 - W2 from employer
• $1,500 - Self employment income
• $200 - Total interests, dividends (forms 1099INT, 1099DIV)
• $50 - Local state refund

According to I864EZ instructions:

The income you are using to qualify is based entirely on

your salary or pension and is shown on one or more Forms

W-2 provided by your employer(s) or former employer(s)

Most of my income is based is from W2, so I would like to use simpler form I864EZ instead of filling full I864EZ.

I don't want to use full I864EZ because I afraid that I can make more mistakes on this full form.

So here are questions:

1. Do I qualify for form I864EZ if I am based only on my W2 form income?

2. If yes, what should I put in I864EZ part 19:

2.1 Income shown on W2 form ($85,000)?

2.2 Sum of W2, interests, dividends, state refunds ($85,250)?

2.3 Total income as shown on form 1040 line 22?

2.4 Adjusted gross income as shown on form 1040 line 37?

Thank you.

Edited December 4, 2013 by atlantos

[Ryan H 3,819]

Moved from Progress Reports to Process & Procedures.

[NikLR 13,231]

So you're wanting to use the I-864EZ instead of the I-864? That's fine, as long as you meet the requirements. We used it.

Do you have your tax return transcript? it really makes doing the I-864 forms easier than a tax return. I suggest going to an IRS office and getting one same day (one each for the last three years) and using that to fill out the forms.

It should be your answer (2.3) according to the instructions...

For the purposes of this affidavit, the line for gross (total) income on IRS forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040EZ, the line for adjusts gross income will be considered.

[atlantos 0]

So you're wanting to use the I-864EZ instead of the I-864? That's fine, as long as you meet the requirements. We used it.

Do you have your tax return transcript? it really makes doing the I-864 forms easier than a tax return. I suggest going to an IRS office and getting one same day (one each for the last three years) and using that to fill out the forms.

It should be your answer (2.3) according to the instructions...

Thank you NLR,

I have both tax transcripts from IRS and 1040 forms for last three years.

Yes, I read instructions for form I-864EZ it says:

For purposes of this affidavit, the line for gross (total) income

on IRS Forms 1040 and 1040A will be considered when

determining income. For persons filing IRS Form 1040EZ,

the line for adjusted gross income will be considered.

Because of self employment income I didn't use form 1040EZ. I used full 1040 form last year. So seems that using adjusted gross (2.4) income is not appropriate options here.

However what is confusing me is that total income on form 1040 includes both W2 income and self-employment income.

However according to form I-864EZ instructions (page 1) I may use form I-864EZ only if I qualify based on employment income like shown on form W-2.

In another words, if I use total income from IRS forms, than I do not qualify for form I-864EZ.

Did you send them form I-864EZ with 1040 forms or just tax transcripts? Has your I-864EZ approved?

Edited December 4, 2013 by atlantos

[NikLR 13,231]

Yes you can use the I-864EZ... your self employment income is still income, it's not assets. Also your one W2 will show you make over the poverty guidelines and that will be recorded on your tax transcript. Line 22 or the gross income as indicated on your tax transcript is what should be used.

You send the I-864EZ with the tax transcripts and pay stubs to show you are currently employed or an employment letter that states how much you make per year and your position. We only sent pay stubs because my husbands show what his yearly salary is and his position.

[Darnell 8,478]

most != entirely.

---

please shift to the I-864. you not qualify for the I-864EZ.

---

[NikLR 13,231]

according to his w2 he would? there is a spot for second employer on the I-864EZ in which that would be his self employment? Can you explain more please Darnell?

[Darnell 8,478]

oh, according to the instructions for the I-864EZ, he doesn't qualify to use the I-864EZ,

as he has other income posted on a tax document, besides W-2 income.

Sorry.

[NikLR 13,231]

Ok good to know and glad you came along.

[atlantos 0]

Here is update.

I actually already sent I864-EZ earlier. I used total income as shown on form 1040 line 22. And my petition was approved today. So I864-EZ worked for my case.

However after reading all instructions I think that "Darnel" is correct. I suppose different NVC employers may have different opinions on this and it sending I864 is more safe. I864-EZ worked for me, but doesn't mean that it works for everyone in similar circumstances.

Edited December 17, 2013 by atlantos

[BASA 8]

Here is update.

I actually already sent I864-EZ earlier. I used total income as shown on form 1040 line 22. And my petition was approved today. So I864-EZ worked for my case.

However after reading all instructions I think that "Darnel" is correct. I suppose different NVC employers may have different opinions on this and it sending I864 is more safe. I864-EZ worked for me, but doesn't mean that it works for everyone in similar circumstances.

my question who is going to use I-864 EZ [ WHO IS NOT TAKING ANY JOINT SPONSOR ]

I-864 WILL BE USED IF SOME ONE IS TAKING JOINT SPONSOR ALSO [ AM I RIGHT ]

PLEASE CLEAR IT

[Darnell 8,478]

Here is update.

I actually already sent I864-EZ earlier. I used total income as shown on form 1040 line 22. And my petition was approved today. So

I864-EZ worked for my case.

However after reading all instructions I think that "Darnel" is correct. I suppose different NVC employers may have different opinions on this and it sending I864 is more safe. I864-EZ worked for me, but doesn't mean that it works for everyone in similar circumstances.

eh - it ain't over till it's over.

When is it over ? On interview day. The Vice Consul actually adjudicates that I-864, does some math, usually right prior to the interview.

I wish it goes well for you and they not ding you about not having a full disclosure on docs and amounts from the income tax return.

[Darnell 8,478]

Here is update.

I actually already sent I864-EZ earlier. I used total income as shown on form 1040 line 22. And my petition was approved today. So I864-EZ worked for my case.

However after reading all instructions I think that "Darnell" is correct. I suppose different NVC employers may have different opinions on this and it sending I864 is more safe. I864-EZ worked for me, but doesn't mean that it works for everyone in similar circumstances.

Sorry, had an editing problem. I try again.

eh - it ain't over till it's over.

When is it over ? On interview day. The Vice Consul actually adjudicates that I-864, does some math, usually right prior to the interview.

I wish it goes well for you and they not ding you about not having a full disclosure on docs and amounts from the income tax return. How to be proactive? Bring in a full I-864 with all tax docs or a tax transcript, give to beneficiary to hand over on interview day, having her/him say "Hey - here's an updated Affadavit of Support".

[NikLR 13,231]

my question who is going to use I-864 EZ [ WHO IS NOT TAKING ANY JOINT SPONSOR ]

I-864 WILL BE USED IF SOME ONE IS TAKING JOINT SPONSOR ALSO [ AM I RIGHT ]

PLEASE CLEAR IT

You cannot use the I-864EZ if you have a joint sponsor, you also must be sponsoring one person per I-130, and your income must be shown on one or more w2.

All three of the following are true:

• You filed a Form I-130 petition, for your relative
• There is only one applicant on the Form I-130 petition, and
• All your qualifying income comes from a salary or pension and shows on one or more W-2 Forms that you receive

http://travel.state.gov/visa/immigrants/info/info_3197.html

Edited December 19, 2013 by NLR

[dirk_diggler 107]

reviving this 3 month old thread

so to summarize this thread, it seems the conclusion is that if you have ANY 1099 that you cannot use the i-864ez? isn't that a bit peculiar since there are many people who use a savings account that will generate a 1099-INT?

from the i-864ez instructions,

"The income you are using to qualify is based entirely on

your salary or pension and is shown on one or more Forms

W-2 provided by your employer(s) or former employer(s)."

that doesn't explicitly say that any 1099's that you have beyond your W2s disqualifies you from using the form. am i misunderstanding?