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

[NikLR 13,227]

BASED ENTIRELY means that any other source of income that does not come from a W2 disqualifies you from using the form as far as I can understand the instruction.

If you choose, you can call the NVC and ask if you can send the I-864EZ with your tax transcript and w2 and see if they will accept it.

[Darnell 8,478]

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?

I tend to put these things into an if/then/else construct,

and then draw a Venn Diagram.

Maybe you could try the same, let us know the results?

[NikLR 13,227]

/had to google Venn Diagram

[dirk_diggler 107]

called NVC; having 1099s do not disqualify you from the i-864ez. the only condition is that these 1099s are not used to help you qualify and instead you are using income from W2's.

If you send a copy of your 1040 instead of a tax transcript, they do request copies of the W2's+1099s. This is listed in the instructions,

"If you provide a photocopy of your tax return(s), you must

include a copy of each and every Form W-2 and Form 1099

that relates to your return(s). Do not include copies of these

Forms if you provide an IRS transcript of your return(s) rather

than a photocopy."

[Lifehastomoveon 37]

Still not understanding of i864ez and i864.

[NikLR 13,227]

Still not understanding of i864ez and i864.

What don't you understand?

have you looked at the forms?

[waiting_______ 92]

called NVC; having 1099s do not disqualify you from the i-864ez. the only condition is that these 1099s are not used to help you qualify and instead you are using income from W2's.

If you send a copy of your 1040 instead of a tax transcript, they do request copies of the W2's+1099s. This is listed in the instructions,

"If you provide a photocopy of your tax return(s), you must

include a copy of each and every Form W-2 and Form 1099

that relates to your return(s). Do not include copies of these

Forms if you provide an IRS transcript of your return(s) rather

than a photocopy."

I agree with you dirk_diggler. The requirement clearly states the income you are "using to qualify" MUST come from W-2s. Heck most people have 1099s from their state refund from the year earlier, requiring that NO INCOME other than W-2 shall be present on the tax return would be pointless. Nobody would qualify!!

We'll have another data point, I filed 864-ez and I had Interest, Dividend, and capital gains income on my 2013 1040.

Edited March 15, 2014 by waiting_______

[waiting_______ 92]

Still not understanding of i864ez and i864.

Single person being sponsored on the I-130?

Are you filling alone? w/o any joint sponsors

Are your incomes salary based? No self-employment / business / rental income / other types of income being used to meet the poverty requirement. (W-2 has to be primary source of income being used to qualify)

You are not using any assets to qualify

If all the above are true you qualify to file a 864ez.

[waiting_______ 92]

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.

What are you basing your claim on here? No full disclosure, please...

Sending copies of 1040s or transcripts, required by 864 or 864ez form, you by definition can't be hiding any income, or not fully disclosing. If you qualify and meet the requirements with your W-2 income alone, having other income doesn't disqualify you. Are you suggesting that if you have any income in the 'Income section' of 1040 other than line 7, you don't qualify?

Plus the comment about the NVC approving a AOS and it being overruled. I am not saying it doesn't happen, but you think the guys whose job is to look at AOS all day and do nothing but approve them at the NVC don't know the rules?!

Making statements like "eh - it ain't over till it's over." you should have more to back it up.

[NikLR 13,227]

No it's true. The NVC does not okay the end result, merely checks your paperwork for correctness to make the consular officer's job easier. If the Consular officer decides you should have submitted an I-864 instead of the I-864EZ they'll issue a 221g and say that, even if the NVC has okay'd he document.

It truly is not over until the beneficiary is in the USA with an approved visa. Even then there's the issue of getting the green card... There may be the issue of removal of conditions (something my husband is not taking seriously either.)

[waiting_______ 92]

No it's true. The NVC does not okay the end result, merely checks your paperwork for correctness to make the consular officer's job easier. If the Consular officer decides you should have submitted an I-864 instead of the I-864EZ they'll issue a 221g and say that, even if the NVC has okay'd he document.

It truly is not over until the beneficiary is in the USA with an approved visa. Even then there's the issue of getting the green card... There may be the issue of removal of conditions (something my husband is not taking seriously either.)

I don't disagree. It's not even over at the consulate as you mentioned, the POE officer has the final say and even after that...

My concern with the post was, someone had an "ok" from the NVC in this scenario. Now based on the posters reading of the instructions this was wrong; in that case have something to back it up (previous example or anyting). Other then well maybe the consular officer will find that you didn't fully disclose (by filling the wrong form!).

Anyways, the reason for my post is that people on this forum take you senior posters (with all those hearts under you picture) words very seriously. We all really appreciate your dedication and willingness to help strangers. It's truly a great thing you guys do. People make decisions based on the input they receive, and in this scenario I didn't see the need to scare someone into thinking they did something wrong. Or for someone who could have qualified for i-864ez to fill out a more complicated i864 that could lead to mistakes and additional delays for their loved ones.

[AriannaC 17]

called NVC; having 1099s do not disqualify you from the i-864ez. the only condition is that these 1099s are not used to help you qualify and instead you are using income from W2's.

If you send a copy of your 1040 instead of a tax transcript, they do request copies of the W2's+1099s. This is listed in the instructions,

"If you provide a photocopy of your tax return(s), you must

include a copy of each and every Form W-2 and Form 1099

that relates to your return(s). Do not include copies of these

Forms if you provide an IRS transcript of your return(s) rather

than a photocopy."

Sorry to crash this post..didn't want to open a new one.

Form 1099 is for miscellenous income, which not everyone has.

Should I call NVC and ask if it's okay to send a copy of our 1040 with only W2's and not 1099s? (Couldn't get tax transcript because the website doesn't recognize my husband address)

[pushbrk 12,812]

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.

This, IMO is a misinterpretation of the word "using". The income this OP is "using to qualify" is from a W2. In other words, if you have enough W2 income to qualify, you can use the I-864EZ.

So, Darnell, if instead there were the same but negative number for business income meaning a business loss instead of business income on the tax return would you give the same answer?

The income being used to qualify is all from the W2.

[pushbrk 12,812]

I don't disagree. It's not even over at the consulate as you mentioned, the POE officer has the final say and even after that...

My concern with the post was, someone had an "ok" from the NVC in this scenario. Now based on the posters reading of the instructions this was wrong; in that case have something to back it up (previous example or anyting). Other then well maybe the consular officer will find that you didn't fully disclose (by filling the wrong form!).

Anyways, the reason for my post is that people on this forum take you senior posters (with all those hearts under you picture) words very seriously. We all really appreciate your dedication and willingness to help strangers. It's truly a great thing you guys do. People make decisions based on the input they receive, and in this scenario I didn't see the need to scare someone into thinking they did something wrong. Or for someone who could have qualified for i-864ez to fill out a more complicated i864 that could lead to mistakes and additional delays for their loved ones.

Sometimes those with lots of hearts disagree. In this case, I disagree with Darnell because I'm keying on the word "using" and interpreting it literally. Belt and suspenders folks would file the I-864, as you can always use that, no matter how qualified you are to use the EZ version.

[Bxfemme 11]

I called NVC and spoke to a rep called Gabrielle.... I asked about the form I864 EZ and explained to her the my W2 for example read 67 thousand and I have a 1099 DIV for 100 bucks.... She informed me that I am disqualified from using the EZ because I have a 1099.... I don't get it.... The instruction part or the actual form I forget which one says to send W2 and 1099... To include everything .... I think I'm going to file the I864 to be on the safe side just in case I get a rep that thinks like Gabrielle ?