I-864 Half year Income

[vanessanguyen083 13]

Hello everyone. I'm new and thank you for any reply!

 

Summary of situation: IR1, met in college. Married in April 2019. Plan to submit concurrent filling package mid-September 2019.

- I was F-1, Currently on OPT C(3)(b): 1 year. No overstaying.

- He is a US citizen. He was in the Navy for 6 years. From January 2016 to April 2019, he's in college, living solely on savings and GI-Bill. NO tax filed, since GI-Bill is non-taxable. 

- He started a job in July 2019. Full-time, Hourly paid is $25. Busy work, so 40 hour/week is easy to surpass. I estimate 25*40hr*50 weeks = $50,000 AGI. 

- I started my OPT job in June 2019. Salaried. Yearly income above $60,000. I worked throughout college on F-1 on-campus and OPT and had filed taxes for all 2016, 2017 and 2018. 

 

My questions are

- In the I-864, the estimate "current annual income," should he put $50,000, or $25,000 (estimate of half-year of income)? Since there's no 2018/2017 tax return to back this up, all we have is an offer letter, and about 5 payslips.

- Should I include my OPT income (The question of "whether it will continue from the same source after immigration"), and how much. Should it be the full $60,000, or pro-rata for the 7 months I was working?

- Should I include MY (the beneficiary) tax return? The income on those returns is NOT from my current job. 

- My husband and I both have savings, stock brokerage portfolios and 401(k)s. However, all together, they will not surpass the $63k asset requirements (around $50k if counting 401(k) and IRA, which I know is a questionable asset).

 

I understand there was many topics that asks these questions, but most seems to have a 2017/2018 tax record. Appreciate each and everyone of you!

[Crazy Cat 41,845]

***Topic moved to Adjustment of Status from Work, Student, and Tourist Visas based on OP statement of "Plan to submit concurrent filling package mid-September 2019"***

 

 

[Celie 793]

1 hour ago, vanessanguyen083 said:

Hello everyone. I'm new and thank you for any reply!

 

Summary of situation: IR1, met in college. Married in April 2019. Plan to submit concurrent filling package mid-September 2019.

- I was F-1, Currently on OPT C(3)(b): 1 year. No overstaying.

- He is a US citizen. He was in the Navy for 6 years. From January 2016 to April 2019, he's in college, living solely on savings and GI-Bill. NO tax filed, since GI-Bill is non-taxable. 

- He started a job in July 2019. Full-time, Hourly paid is $25. Busy work, so 40 hour/week is easy to surpass. I estimate 25*40hr*50 weeks = $50,000 AGI. 

- I started my OPT job in June 2019. Salaried. Yearly income above $60,000. I worked throughout college on F-1 on-campus and OPT and had filed taxes for all 2016, 2017 and 2018. 

 

My questions are

- In the I-864, the estimate "current annual income," should he put $50,000, or $25,000 (estimate of half-year of income)? Since there's no 2018/2017 tax return to back this up, all we have is an offer letter, and about 5 payslips.

- Should I include my OPT income (The question of "whether it will continue from the same source after immigration"), and how much. Should it be the full $60,000, or pro-rata for the 7 months I was working?

- Should I include MY (the beneficiary) tax return? The income on those returns is NOT from my current job. 

- My husband and I both have savings, stock brokerage portfolios and 401(k)s. However, all together, they will not surpass the $63k asset requirements (around $50k if counting 401(k) and IRA, which I know is a questionable asset).

 

I understand there was many topics that asks these questions, but most seems to have a 2017/2018 tax record. Appreciate each and everyone of you!

Just a note: You'll be looking to file for CR1 since it's been under 2 years since you got married. Same form but the process shifts a bit when you have to remove conditions at the 2 year mark.

[vanessanguyen083 13]

7 minutes ago, celie&joseph said:

Just a note: You'll be looking to file for CR1 since it's been under 2 years since you got married. Same form but the process shifts a bit when you have to remove conditions at the 2 year mark.

Hi celie&joseph,

 

Opps, I did know that. Sorry I misspoke. Thank you!

[USS_Voyager 1,972]

On 8/12/2019 at 2:25 PM, vanessanguyen083 said:

In the I-864, the estimate "current annual income," should he put $50,000, or $25,000 (estimate of half-year of income)?

$50,000

 

On 8/12/2019 at 2:25 PM, vanessanguyen083 said:

Since there's no 2018/2017 tax return to back this up, all we have is an offer letter, and about 5 payslips.

That’s all you need. By the time the interview comes, you will have 2019 tax return and lots of paystubs.

 

On 8/12/2019 at 2:25 PM, vanessanguyen083 said:

Should I include my OPT income (The question of "whether it will continue from the same source after immigration"), and how much. Should it be the full $60,000, or pro-rata for the 7 months I was working?

Where were you gonna put that? I thought the I-864 only ask for the sponsor’s income. 

 

On 8/12/2019 at 2:25 PM, vanessanguyen083 said:

Should I include MY (the beneficiary) tax return? The income on those returns is NOT from my current job. 

You can, or not, it doesn’t matter. 

 

On 8/12/2019 at 2:25 PM, vanessanguyen083 said:

My husband and I both have savings, stock brokerage portfolios and 401(k)s.

Again, you can, or not. I don’t think it matters at this point that much. 401k are not liquid anyways. 

[aznhouston 130]

On 8/17/2019 at 10:24 AM, USS_Voyager said:

That’s all you need. By the time the interview comes, you will have 2019 tax return and lots of paystubs.

I'm not sure if they even accept the application without tax transcripts.

Since you're on OPT, wait until you file the tax for the year then submit the application. 

[vanessanguyen083 13]

On 8/17/2019 at 9:24 AM, USS_Voyager said:

Where were you gonna put that? I thought the I-864 only ask for the sponsor’s income.

Thank you for your answers!

 

For your question: Part 5, Page 4: "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant"

 

This is where I think I will put my income information. Again, I'm on OPT, so there's always the question  "if income will come from the same source" (Even though it's a regular full-time job like everyone else in the building)

[vanessanguyen083 13]

41 minutes ago, hoangthaihuy said:

I'm not sure if they even accept the application without tax transcripts.

Since you're on OPT, wait until you file the tax for the year then submit the application. 

Thank you for your reply!

 

Page 5 question 25: "I was not required to file a Fed income tax return as my income was below the IRS required level and I have attached evidence to support this"

Since filling was not required, I can provide solid evidence for his case. Many retired military personnel lives on GI-Bill and other veteran benefits that do not constitute "Taxable income". So there are people with 30-40k in benefits that have never been required to file a tax return. 

 

However, I would love to know if there are cases that outright eliminates applicants due to lack of tax returns and be more cautious with my case. My OPT expires next May. So if I wait until Jan 2020 to file 2019 tax return, and with I-765 taking 6-7 month to process, I risk losing my job. I (beneficiary) do have 2016-2017-2018 tax returns.

[Lil bear 4,201]

On 8/12/2019 at 3:36 PM, celie&joseph said:

Just a note: You'll be looking to file for CR1 since it's been under 2 years since you got married. Same form but the process shifts a bit when you have to remove conditions at the 2 year mark.

Just correcting some terminology ... CR1is a visa granted to the spouse  where the spouse is residing overseas .. and allows the spouse to enter the US. On entry the spouse gets conditional GC if married less than 2 years. 

As the OP is already  in the US, no immigrant visa is required. 

If , when the AOS  processing is complete , it is still less than 2 years since marriage date, then the spouse will get a conditional green card and must go through removal of conditions. If the decision to grant LPR status occurs after the 2nd anniversary , the card will be a 10 yr card and there are no conditions to be removed. 

Edited August 19, 2019 by Lil bear

[aznhouston 130]

17 minutes ago, vanessanguyen083 said:

Thank you for your reply!

 

Page 5 question 25: "I was not required to file a Fed income tax return as my income was below the IRS required level and I have attached evidence to support this"

Since filling was not required, I can provide solid evidence for his case. Many retired military personnel lives on GI-Bill and other veteran benefits that do not constitute "Taxable income". So there are people with 30-40k in benefits that have never been required to file a tax return. 

 

However, I would love to know if there are cases that outright eliminates applicants due to lack of tax returns and be more cautious with my case. My OPT expires next May. So if I wait until Jan 2020 to file 2019 tax return, and with I-765 taking 6-7 month to process, I risk losing my job. I (beneficiary) do have 2016-2017-2018 tax returns.

GI Bill is educational benefits, not counted as income. 

[USS_Voyager 1,972]

11 hours ago, hoangthaihuy said:

I'm not sure if they even accept the application without tax transcripts.

Since you're on OPT, wait until you file the tax for the year then submit the application. 

Oh, I'm not saying not to send in the tax. Send in the tax. But from the perspective of having enough evidence of income, that will suffice. 

[USS_Voyager 1,972]

11 hours ago, vanessanguyen083 said:

Thank you for your answers!

 

For your question: Part 5, Page 4: "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant"

 

This is where I think I will put my income information. Again, I'm on OPT, so there's always the question  "if income will come from the same source" (Even though it's a regular full-time job like everyone else in the building)

If you have a full-time permanent job, I would think it's jusifiable to put there. 

 

Thanks

IAn