wages on W2 and 401 Ks for the purposes of Affidavit of Support

[discoverusa 286]

As I mentioned before, I am helping a friend with AOS process for his foreign wife. He is going to list adjusted gross income from 2014 which is 23,114.00. However, after I closely reviewed his W2 and itemized printout from H&R block for 2014 I noticed that wages were 17,087.00 and he cashed 401k which was 6,027.00. All of this is listed on the itemized tax return. In total his AGI is 23,114.00.

This is for the family of two. The poverty guidelines currently are 19,912.00. Can someone advise if it matters that not all this income is from wages? Is this sufficient?

I would really appreciate your help.

Thank you.

[aaron2020 11,651]

Hi,

It's not sufficient since the income from the 401k was a one time event.

[j&ana 380]

Current income is what matters most. Previous tax returns help show steady income He should send in a employment letter and or pay checks stubs showing his income

Also what tax form was file

adjusted gross income is only use if a 104oez form was file.

If 1040 or 1040a was use then total gross income will be use whuch is line 22 of the 1040 form

I also had a 401k loan that was reported on my taxes

but for meeting poverty level income it is current income a person needs to make to meet the requirement

Edited August 26, 2015 by j&ana

[discoverusa 286]

Thank you so much for replies.

I am connfused what to write about his current income. He works part-time as a teller and part-time as a waiter. Employment letter from the bank shows his yearly salary as 17,784.00. At the restaurant he makes 5.78 per hour plus tips. That means his check is defferent every month.

Last check from restuarnat shows YTD (year to date) earnings as 3,959.95 and taxes as 537.61 YTD as well. How do I calculate what his current income is? What should I write in Part 6 question 2 in I-864?

Thank you.

[j&ana 380]

YOU could see if he can get an employment letter from his other job and add the Two incomes

Or if he is working the same amount of hours as he did last year as waiter you could use the amount shown on his 2014 w-2 added to his teller job

Or this is the 8 month of this year.if he has been working all of this year you could average his monthly salary and add 4 more remaining month salary for the year for his wsiter job add that to his teller job

It only has to be a good estimate it does not have to be exact

The USCiS understand a person may may a little more or less then what is estimated due to varying factors such as overtime sick leave etc etc

It seems with the teller job he will not have to make a whole lot from his other job if it is just him and his wife

You just need to send in some check stubs and or employment letter to help vertify the income

YOU could see if he can get an employment letter from his other job and add the Two incomes

Or if he is working the same amount of hours as he did last year as waiter you could use the amount shown on his 2014 w-2 added to his teller job

Or this is the 8 month of this year.if he has been working all of this year you could average his monthly salary and add 4 more remaining month salary for the year for his wsiter job add that to his teller job

It only has to be a good estimate it does not have to be exact

The USCiS understand a person may may a little more or less then what is estimated due to varying factors such as overtime sick leave etc etc

It seems with the teller job he will not have to make a whole lot from his other job if it is just him and his wife

You just need to send in some check stubs and or employment letter to help vertify the income

[discoverusa 286]

Thank you so much.

I have letters from both of his employers. His employment situation is a little complex this year:

1. From march to June he worked for TD bank, have all pay stubs.

2. From June till present he works for City bank.

3. In May he started a restaurant job.

When calculating an estimate do I take gross or net income into consideration?

Should I add all paychecks from TD bank with estimate of Citi bank from July till December plus estimate from restaurant job from May to December.

I know, super confusing.

Thank you so much for your help ?

[j&ana 380]

It is income before taxes are taking out not take net pay.you will estimate income from city bank and the restaurant job

You will not use the job from td bank as that job is no longer current income

[discoverusa 286]

Great, thanks again.

Should I just take citi bank income which is 17,784 + an estimate of restauranr gross pay from may till december?

Does it matter that he started city bank job in june? Can I just list it as his yearly salary as it is?

Your expertise is graetly appreciated.

[j&ana 380]

You can take his hourly pay for each job x that by hours work at each job work per week x 52 week per year add both job total together

If he is above the poverty line. Then you will not have to include the tips. If not then you can average the tip somehow and include them . I have never work as a employee that get tip regulry as part of pay . I do not know much about figuring that out.

Edited August 27, 2015 by j&ana

[discoverusa 286]

Great, thanks a lot.

After I calculated houry only for both jobs it came out over 25,000. So it looks like even without the tips they will be good to go.

Really appreciate your help.

[j&ana 380]

Great, thanks a lot.

After I calculated houry only for both jobs it came out over 25,000. So it looks like even without the tips they will be good to go.

Really appreciate your help.

That is good just include as much paycheck stubs as you can from each job and employment letter if you want to

When I did my wife Aos I sent in about 5 months of paycheck stubs. I did not include the employment letter for income and I had no problems

[discoverusa 286]

Thanks again. It looks like he will be ingood shape then. I have two employment letetrs and few months worth of stubs.