Help with I-864: W2 income less than total household income for Married Filing Jointly

[Henry&Eliana 3]

Hello, I am filling out the Affidavit of Support I-864 for my husband's Adjustment of Status and have a question I need your help with. 

I am the petitioner for my husband, and my dad is the joint sponsor. My dad is a self-employed business owner.

 

He and my mom filed taxes jointly and their total income was $113k.

 

However my dad's w2 says he made $40k and my mom made $38k in their salaries, which only adds up to $78k. The other $35k as I understand was earnings from the company which they own 50-50.

On the I-864 it asks me for each person's Current Individual Income (my mom will file I-864A) and then it also asks for the Total Household income which needs to add up to the number on their tax return ($113k). 

My question is then how can I fill this out so that my parents salaries add up to $113k? who does this $35k belong to- would it be 50% my dad and 50% my mom, on top of their salaries?

 

Here is a copy/paste of the questions on the I-864:

 

Part 6, Question 7 & 10:

"My current Individual Annual Income is:"

 

Part 6, Question 20:

"My current Annual Household Income (Total all lines from Part 6 item numbers 7, 10, 13, 16 and 19).; the total will be compared to federal poverty guidelines on form I-864P.)"

 

Thank you so much, any help with this is greatly appreciated.

Edited March 28, 2020 by Henry&Eliana

[Lil bear 4,201]

There are different evidence requirements for  self employed and employee. seems like your mixing the income  from W2 and another form of non earned income from investment on a company. Unless your household size is really big , your parents combined W2 should be more than enough. IRS transcripts will be sufficient to show the different sources. 

[Henry&Eliana 3]

Thanks Lil Bear. The problem is question 20 needs to match what it says on the Tax Return ($113k), but I don't know how to make it add up from their salaries. On the PDF it automatically adds them up into the question 20 slot.

[Ayrton 965]

1 hour ago, Henry&Eliana said:

Thanks Lil Bear. The problem is question 20 needs to match what it says on the Tax Return ($113k), but I don't know how to make it add up from their salaries. On the PDF it automatically adds them up into the question 20 slot.

Not true. It doesn't need to match.

 

My husband annual income when I filed for AOS was 90k. His Tax Return Transcript was showing an income of only 65k. Today, my husband's income is 140k, but last year's return only shows 80k. He got a new job, with new salary. So it doesn't need to match.

 

Current Income is all the income the sponsor has NOW. Before any taxes, deductions, 401k.

 

If he's self employed, how does he have w2s? Is he considered an employee of his own company? Usually when you're self employed, you need to use all the schedules provided by IRS to determine what's personal income and business profit.

 

Anyway, current income doesn't need to match tax return. Also remember that they ask for ADJUSTED GROSS INCOME on question 24. So it's not gonna match anyways because of tax deductions.

 

 

 

[K1visaHopeful 2,814]

2 hours ago, Henry&Eliana said:

Hello, I am filling out the Affidavit of Support I-864 for my husband's Adjustment of Status and have a question I need your help with. 

I am the petitioner for my husband, and my dad is the joint sponsor. My dad is a self-employed business owner.

 

He and my mom filed taxes jointly and their total income was $113k.

 

However my dad's w2 says he made $40k and my mom made $38k in their salaries, which only adds up to $78k. The other $35k as I understand was earnings from the company which they own 50-50.

On the I-864 it asks me for each person's Current Individual Income (my mom will file I-864A) and then it also asks for the Total Household income which needs to add up to the number on their tax return ($113k). 

Who says Part 6 Qu 20 (their combined income from their earnings statements ie. Qu. 7 plus Qu 10), has to match Qu 24a?

(It doesnt. They are unrelated questions. The submitted individual earnings statements support Qu 7 and Qu 10 and the Transcript supports Qu 24).

My question is then how can I fill this out so that my parents salaries add up to $113k? who does this $35k belong to- would it be 50% my dad and 50% my mom, on top of their salaries?

 

Here is a copy/paste of the questions on the I-864:

 

Part 6, Question 7 & 10:

"My current Individual Annual Income is:"

 

Part 6, Question 20:

"My current Annual Household Income (Total all lines from Part 6 item numbers 7, 10, 13, 16 and 19).; the total will be compared to federal poverty guidelines on form I-864P.)"

 

Thank you so much, any help with this is greatly appreciated.

 

Edited March 28, 2020 by K1visaHopeful