Income used on I-864?

[7Ken 15]

What income is used on the I864?

The current annual income listed in part 6, 15

or

The adjusted income listed in part 6, 19 ?

The form says they use the current annual income in 6, 15 but I have also heard they use the adjusted income listed in 6, 19..

In my case part 6, 15 is 41k and part 6, 19 is just under 20k, $80 short of 2016 federal poverty guidelines.

[Anh map 2,098]

Are you a wage/salary earner or self employed?

[7Ken 15]

I'm using a joint sponsor who is retired.

Her annual income is 41k.

Her adjusted income is just under 20k including 2k of her annual 22k Social Security.

[gradtaai 8]

I would GUESS that they use both since it is required on the form. 6.15, used against the i-864P. I believe they would look more closely to line 6.19 if 6.15 is just over the required amount. There is a lot in the adjusted gross income that can be considered as not loss of income but money put in savings, IRA, Health savings accounts, etc.

[7Ken 15]

I believe "savings, IRA, Health savings accounts, etc." would be considered as assets.

Since we are not combining incomes anything I have is irrelevant and only my mothers financials are considered.

She has more than enough assets but I hate to invade her privacy anymore than necessary. It's not a question of being illegible but again about her privacy and regardless of what the forms say or ask for she lives on an actual annual income of 41k .

From the I-864 instructions "For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.

Before she prints, signs, and mails this to me on monday I will ask what is actually listed as her "Total Income" on her 1040. If by chance it is the adjusted income which is only 50% of her actual income,

I have read I should submit proof of her SS in part 11 "Additional information".

I would think what you put in the bank annually should be your annual income,

but then again this is our government.

[7Ken 15]

Part 6, 15 as per I-864 instructions is line 22 on the 1040 which is adjusted gross income.

I need to know how to use more than the $2k of SS that they count as taxable leaving $20k out..

Edited March 7, 2016 by 7Ken

[gradtaai 8]

Line 22 is Total income

Line 37 is adjusted gross income on form 1040

[7Ken 15]

Sadly when I looked at the actual 1040's last night line 22 was adjusted gross also.

[gradtaai 8]

Part 6, 15 as per I-864 instructions is line 22 on the 1040 which is adjusted gross income.

I need to know how to use more than the $2k of SS that they count as taxable leaving $20k out..

Since I have read that SS counts as income. She should send in the 1099 she gets from SS to

support that income as "extra" to the line 22. They should see it, but it would help to bring attention

to it. I don't understand why there isn't more posts about it since I know many use SS in support of i-864.

This from an immigration lawyer in Florida.

Yes. You can use SS income to sponsor someone. The only social security income that you can't use is SSI.

When you submit the affidavit of support, make sure you submit the award letter that cleark states it's

retirement income not SSI for elderly or disabled individuals. Also, if you don't file a tax return, you

might have to provide a signed statement attesting to the fact that you don't have a tax return because

you aren't required to file.

[7Ken 15]

I've talked about this in a few post and then made one "I-864: How to add SS to annual income" to specifically address the question and no help. You would think others could make this simple.

But not yet.

I have to do some more research as I believe I remember it says the total income has to equal the 1040?

Somehow I need to add just over $20k in actual income but I'm just not sure how?

I have thought of getting proof of the SS more-so than it's on the 1040 and just over $2k is taxable and submitting something in Part 11 "Additional information".

If I was in the states I'd get a 10minute appoint with my lawyer and be done with this but I'm not there.

Now this is all that's holding us up from moving forward.

Thanks

[7Ken 15]

From a lawyers post:

"Not every case is so easy. Frequently, the “total income” number on the latest federal income tax return is not 125% of the poverty level for the household size, but the sponsor’s current annual income is in fact sufficient. For example, the sponsor may have income that is not considered part of “total income” on the tax form, such as nontaxable Social Security retirement income, alimony, or child support. If that’s the case, explain on page 12 and provide evidence of the income."

This makes sense to me but unfortunately the only thing missing is if I should show this in the "total income"?

Most warn that your tax return and total income must match..

So how about they don't match and I explain why in sec 12..

I think unless someone directs me differently I will prepare 2 I-864 income pages.

One with the income to match tax records and one to reflect actual total income, not matching the 1040.

Then add info in sec 12 explaining the un-taxed SS and let the consulate officer choose which one he or she wants.

So tired of stressing this and holding up my wife's IR-1 Visa!!!

[gradtaai 8]

This makes sense to me but unfortunately the only thing missing is if I should show this in the "total income"?

The instructions says you MUST use line 22 from the 1040. Then you add proof of other income as stated in the quote from your

lawyer

From a lawyers post:

"Not every case is so easy. Frequently, the total income number on the latest federal income tax return

is not 125% of the poverty level for the household size, but the sponsors current annual income is in fact

sufficient. For example, the sponsor may have income that is not considered part of total income on the

tax form, such as nontaxable Social Security retirement income, alimony, or child support. If thats the case,

explain on page 12 and provide evidence of the income."

[7Ken 15]

Haha that's exactly what I posted yesterday on another thread I started under CR-1/IR-1 filing "I-864: How to add SS to total income".

I just finished sending my I-864 to my co-sponsor about 30 minutes ago.

What I did was explain on page 12 about the SS income and I'm having them print out 2 different page 5's.

One indicating the actual income including SS and another one using the adjusted gross income.

I didn't want to wait anymore and that made sense to me.

The consulate officer can choose the one they want to use or I'll submit the earned income one and wait and see what happens..

Thanks for your time in trying to help me with this!!!

No lawyer, just me...

Ken

Edited March 8, 2016 by 7Ken