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atlantos

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

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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 by atlantos
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Filed: Lift. Cond. (apr) Country: China
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Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

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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.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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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 by atlantos
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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.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: China
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most != entirely.

---

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

---

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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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?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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  • 2 weeks later...

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 by atlantos
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Filed: IR-1/CR-1 Visa Country: India
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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

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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".

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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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 by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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  • 2 months later...
Filed: IR-1/CR-1 Visa Country: India
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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?
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