I864 income---AGI vs income

[travis1983 0]

I have got a lot of good replies here before, and I appreciate it. Something I have had a question about is the affadavit of support.

 

The affadavit seems to want total income (it says AGI above it) for last 3 years along with current tax return and obviously current job pay slips.

 

So I have seen where one needs to make 21,000 a year (125% poverty level). Understood. But that is GROSS income yes?

If one were to apply the standard deduction/exemption for a job making 25,000 a year gross,  the standard deduction would drop the AGI well below the 21,000 a year. 

 

The job I have will have in the USA will begin August 2018. So my income GROSS for 2018 would be about 15,000 USD.  Even though my pay slips will show $3000 a month income gross. Income about 36k a year gross. 

So for 2018 my US income would only be 15,000 USA gross. With the standard deduction....well...it would drop well below the 21,000 threshold. Not eligible to sponsor?

 

I am sure I have tested the goodwill and patience of many here, I am sorry. I have found few answers and that that I have read simply seems to make it more complicated.

I am not a tax expert, so if I got any of this wrong, please correct me.

 

Am I right about this? 

[Redheadguy03 505]

It has to be current income. You can't use income for a job you don't have yet. 

[travis1983 0]

11 minutes ago, Redheadguy03 said:

It has to be current income. You can't use income for a job you don't have yet. 

Yes, but (I will have that job once I apply for my wife, no question about that) but my concern is regarding the AGI which is asked on the form. They ask for TOTAL INCOME and above that it says "AGI"....which can be below the 21000. I am concerned that on my most recent future return I will be using, I will fall below that as the income is only for 4 months or 5 months of 2018....so like 12000-15000 dollars on the 2018 return. I will be filing January 2019 and using the most recent return (2018). The job I will be doing will pay about 36k a year gross. 

 

Does USCIS disqualify someone if the most recent return shows income that low (12-15k for 5 months of 2018)?

Also do they base the decision on current income from the current job OR the AGI on the return?

 

Because the AGI will be lower than the gross income. This is my concern.

 

Thanks

 

 

[Jeanne Adil 1,651]

According to the attorney i had for 1st CR1 they look at line 37 Adjusted gross income

i had untaxable income they did not want to consider / this i had to overcome 

you can submit pay stubs or letter of income from employer / they will consider this also

[Suss&Camm 2,213]

You only need to send your latest complete return, advisable to use the tax transcripts that can be downloaded from IRS website. However you have to write the amount from your total income line for the last 3 years. This requirement is mainly for you to show that you are up to date with filing taxes which is one requirement for the sponsor.

For the current income part - you are supposed to enter the current expected annual gross income. So for 2019 - you would wrote what you expect you will write ob your total income line for the current year which will be 2019. 

When someone has had a job for a long time then the past return information will be the same as the current BUT it will be the current information that needs to meet 125%.

Edited October 1, 2017 by Suss&Camm

[Suss&Camm 2,213]

I edited my post, AGI is only the same as total income if you are using the 1040Z

4 minutes ago, adil-rafa said:

According to the attorney i had for 1st CR1 they look at line 37 Adjusted gross income

i had untaxable income they did not want to consider / this i had to overcome 

you can submit pay stubs or letter of income from employer / they will consider this also

That's only true for self-employed ppl.

[Jeanne Adil 1,651]

i am not self employed

[Suss&Camm 2,213]

3 minutes ago, adil-rafa said:

i am not self employed

Then your lawyer was wrong.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,898]

7 hours ago, Suss&Camm said:

I edited my post, AGI is only the same as total income if you are using the 1040Z

That's only true for self-employed ppl.

Self employed people file a 1040 and line 22 is the number used for the prior tax return section of the I-864.  An exception to that would be when there is social security income.  In that case you take line 22 minus the taxable SS income, if any, then add the total SS income.  Put that number on the affidavit.

 

Current income only comes from a tax return if the sponsor is self employed.  Otherwise, you do not state your current income in connection with any actual calendar year.  It is your gross income for one pay period, times the number of pay periods in the following 12 months.

[Suss&Camm 2,213]

7 minutes ago, pushbrk said:

Self employed people file a 1040 and line 22 is the number used for the prior tax return section of the I-864. 

I never said self-employed ppl file 1040EZ if that's how you read my post. We are in agreement.

7 minutes ago, pushbrk said:

Current income only comes from a tax return if the sponsor is self employed.  Otherwise, you do not state your current income in connection with any actual calendar year.  It is your gross income for one pay period, times the number of pay periods in the following 12 months.

It is actually your anticipated gross income, which can be different from your gross income as calculated the way you describe it when ppl for example have a new job.

Since the OP is filing in January 2019, it would however, be correct for them.

 

From the adjudicators field manual:

 

"(e) Sufficiency of Form I-864 .

 

(1) In general .

 

When determining the sufficiency of a Form I-864, USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864. Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864."

[Suss&Camm 2,213]

And i know the NVC is DOS, but as far as I know the adjudication is form specific.

[pushbrk 12,898]

15 minutes ago, Suss&Camm said:

I never said self-employed ppl file 1040EZ if that's how you read my post. We are in agreement.

It is actually your anticipated gross income, which can be different from your gross income as calculated the way you describe it when ppl for example have a new job.

Since the OP is filing in January 2019, it would however, be correct for them.

 

From the adjudicators field manual:

 

"(e) Sufficiency of Form I-864 .

 

(1) In general .

 

When determining the sufficiency of a Form I-864, USCIS shall first consider the sponsor’s anticipated income for the year the sponsor signed Form I-864. Thus, during the initial evidence review, USCIS shall as a general rule determine the sufficiency of a Form I-864 based on the sponsor’s reasonably anticipated household income for the year in which the sponsor signed the Form I-864."

 

"Reasonably anticipated household income" is calculated using the formula I described.  If you calculate it any other way it will be re-calculated according to the formula I posted.  Even then, it is not for the "calendar" year.  It's for the following 12 months.  For example if haven't worked all year but you get a job paying $36,000 a year today, your current income is $36,000, not the $12,000 in income you would receive during "the year the sponsor (you) signed the affidavit".   If you lost a the same job today after working all year, (and sign the affidavit tomorrow), your current income is $0, not the $27,000 you made "during the year you signed the affidavit.  Sometimes the way the manual is worded, conflicts with actual practice.  That's why...

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

[Suss&Camm 2,213]

3 minutes ago, pushbrk said:

"Reasonably anticipated household income" is calculated using the formula I described.

Not according to rfe's handed out.

3 minutes ago, pushbrk said:

  If you calculate it any other way it will be re-calculated according to the formula I posted.  Even then, it is not for the "calendar" year.  It's for the following 12 months.  For example if haven't worked all year but you get a job paying $36,000 a year today, your current income is $36,000, not the $12,000 in income you would receive during "the year the sponsor (you) signed the affidavit".   If you lost a the same job today after working all year, (and sign the affidavit tomorrow), your current income is $0, not the $27,000 you made "during the year you signed the affidavit.  Sometimes the way the manual is worded, conflicts with actual practice.  That's why...

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

I disagree with you both based on what the manual says and what I have seen here on VJ.

 

For the OP to read: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-16960/0-0-0-17008.html

OP, you can also search VJ for i-864 rfe's and you will find what I'm talking about.

[NikLR 13,227]

A) RFE's are not handed out by the NVC.  The NVC gives checklists.  The DOS gives a 221g after interview if more information is needed.   ONLY the USCIS gives an RFE. 

 

b) Current annual income = amount of income you will make in a 12 month period (aka a year.)   

 

Example: when my husband filed the I-130 he had just started his new job (Sept 2012.)  By the time I sent the AOS in April 2013, he had been working for 7 months and we provided evidence of that with pay stubs.  My interview was in June 2013, and we used the I-864 we had submitted before the tax return cut off.  I brought evidence of his 2013 filing extension as well but it wasn't asked for at interview.  Had the CO only used 2012 taxes he would have made only 1/3 of the income he made on a yearly basis at that time.  But they consider how much he "would make" on a yearly basis aka 12 month period not how much he "made" in a year.   Even on his pay stubs his Yearly Salary was written down  (and to this day will not change from pay stub to pay stub unless he obtains a raise) and it certainly was not the dollar value for Sept - Dec. 

 

For the years I've been on the forum, that is how "current income" is calculated with only self employed being the exception.

 

For AGI vs TOTAL INCOME, it depends on the form that was filed.  If a normal 1040 was filed, then you use total income.  If a 1040ez was filed, you supply total adjusted income.  Majority of the people will use total income.