I-864: How to add Social Security to annual income

[7Ken 15]

I'm using a joint sponsor and have run into a situation.

Their total annual income is $41k but their adjusted annual income is just under $20k.

They receive retirement benefits and others but the Social Security Retirement is the largest amount.

They receive $22k SS annually but only $2k of it is taxable on their 1040.

Their 1040 shows the whole $22k but since only $2k is consider taxable the adjusted annual income is just under $20k.

The way it works out to the 2016 federal poverty guidelines is $80 short.

I know SS is considered usable income but how to report that on the I-864 since they seem to be mainly interested in adjusted income??

Thanks for any help

[teeak 224]

If its Form 1040, then they consider the line for Total Income, as per I864 instructions page 8.

[7Ken 15]

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. The total income figure can be found on line 22 of a 1040, line 15 of a 1040A.

Line 22 of the 1040 is adjusted gross income, $20k less than actual income.

I need to know how to include the SS, and not just 2 of the $22k..

[teeak 224]

Perhaps you're looking at an older version? The instructions on the uscis site don't mention the specific line numbers.

But, also, googling a copy of the form 1040 shows total income as line 22....

Adjusted gross income is on line 37.

Otherwise, look into assets. It's only 80$ short. So, if the sponsor has 80x5=$400 in their bank account, then you're good.

[7Ken 15]

They are the instructions I downloaded at the same time as the actual form.

Looking at the actual 1040's the amount shown is adjusted gross.

I know SS is a usable source of income, just not sure how to list it on the form.

This started on another post where someone mentioned it and knowing the fix, but never came back with the "fix".

Using assets is something I'm trying not to do because it's invasive.

Using a bank account from what I understand I would need copies of their last years records. I may have to do that but it seems ridiculous when I know the income is 2x what I need but I don't know how to show it. Another day of searching I guess.

Thanks

[RICHARD RILEY 0]

I'm using a joint sponsor and have run into a situation.

Their total annual income is $41k but their adjusted annual income is just under $20k.

They receive retirement benefits and others but the Social Security Retirement is the largest amount.

They receive $22k SS annually but only $2k of it is taxable on their 1040.

Their 1040 shows the whole $22k but since only $2k is consider taxable the adjusted annual income is just under $20k.

The way it works out to the 2016 federal poverty guidelines is $80 short.

I know SS is considered usable income but how to report that on the I-864 since they seem to be mainly interested in adjusted income??

Thanks for any help

Adjusted gross income applies only if you filed IRS Tax Form 1040EZ. I copied the following from the latest I-864 instruction line 8. 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. Make sure you have the latest instruction which Expires 07/31/2017.

[7Ken 15]

This is a break-away thread from "Income used on I-864?".

I had read that same thing and thought cool I'm good, but later found it to "seem" somewhat miss-leading.

Further research says to use line 22 of the 1040, line 15 of 1040A , or adjusted gross on the EZ but in fact they are all adjusted gross as I look at the amount on my co-sponsors 1040. Less than 50% of her actual income and just slightly under requirements.

When you think about it from the other "side" it actually says they will use adjusted gross income. After all what difference does it make how you file your taxes? Your income is still your income and it says they will use adjusted gross right in that segment.

Current I-864 instructions..

Edited March 8, 2016 by 7Ken

[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!!!

Edited March 8, 2016 by 7Ken

[7Ken 15]

I-864 sent to co-sponsor following what I said above.

DHL says we should receive it by the 17th.

I figure I'll wait a week, check the tracking and then schedule our apt. and get the medical done.

Hopefully finishing by the 20th or so depending on available appointments..

Time to take a break before I lose what little sense I have left.

[Carlroxa 0]

I would not rely solely on 1040 (or other associated forms) for Total Income alone. Rather, as a specific outcome on TOTAL INCOME or TOTAL INCOME PER COMPUTER, look at your IRS Tax Return Transcript for final say. After addition and deduction (in my case with loss of Capital Gain) my wife and I earn less than a hundred than what was stated in our 1040.

 

So, the nutshell is to look for Income section in bottom of your IRS Tax Return Transcript.

 

Remember the phases in I-864a: the most recent 3 years found on Part 4. Item 2a-c. VS on Part 3.Item 7. My current individual annual income. Hence, the officers at both NVC and interview site will do the math on comparing with past and current.