Is this normal?

[Wuozopo 4,290]

10 hours ago, VJmember2020 said:

Yeah I will read the instructions once I get access to view the files on nvc. Currently I cannot. That’s why I am asking questions. Thanks for the info. 

The forms and instructions are found on the USCIS website not after access to the National Visa Center. I provided a link straight to the USCIS page for I-864 form, instructions, checklist....

[Wuozopo 4,290]

10 hours ago, jayman111 said:

I have a very related question, so I thought I would ask it here if that is ok. My situation is almost exactly the same as VJmember2020 with my Dad as the joint sponsor, but because he is the sole proprietor of his business he does not give himself a 1099. He has no W-2 or 1099. He does have a schedule C, and his taxable income shown in his taxes is well above the requirement. Do you foresee any problems in a situation like this, considering there is no W-2 or 1099 as the instructions specify? 

In your Dad’s case, his income tax return or transcript is his only proof because of no Employer letter, W2, 1099, pay stubs. In your Dad’s case, a transcript is best because it doesn’t require W2 or 1099. 

 

 Immigration looks at the tax return (transcript) for the line on the 1040 called total income. That is not “taxable income” or “adjusted gross income“. Because tax return forms have changed up the last few years the line numbers aren’t always the same every year. On his 2018 return, total income is line 6. On his 2019 1040, total income is line 7b. Looking ahead to his next filing, the 2020 form 1040, total income is line 9. If he is filing all by himself, then a transcript of his tax return showing his total income is over the threshold should do it. 
 

BUT if he files a joint return with a spouse, the “total income” line will include her income too. Even if she is not employed, there is no way to know who earns what on a joint return  by looking at their transcript. That’s a good case to include spouse as a contributing household member on Dad’s I-864 since he has no way of showing his separate income with an employer’s wage statement or letter. He is the employer.  If Dad was a wage earner with a paycheck, wage statement (W2/1099), and a boss, he could easily prove his separate income on a joint tax return and not have to include his lesser earning spouse. He could prove he qualified on his own separate income with documentation from his boss. 
 

And furthermore the line workers at NVC work for the Department of State, not the IRS. They probably know zilch about nuances of tax returns and sole proprietors. 

Edited December 15, 2020 by Wuozopo

[VJmember2020 32]

9 hours ago, Wuozopo said:

In your Dad’s case, his income tax return or transcript is his only proof because of no Employer letter, W2, 1099, pay stubs. In your Dad’s case, a transcript is best because it doesn’t require W2 or 1099. 

 

 Immigration looks at the tax return (transcript) for the line on the 1040 called total income. That is not “taxable income” or “adjusted gross income“. Because tax return forms have changed up the last few years the line numbers aren’t always the same every year. On his 2018 return, total income is line 6. On his 2019 1040, total income is line 7b. Looking ahead to his next filing, the 2020 form 1040, total income is line 9. If he is filing all by himself, then a transcript of his tax return showing his total income is over the threshold should do it. 
 

BUT if he files a joint return with a spouse, the “total income” line will include her income too. Even if she is not employed, there is no way to know who earns what on a joint return  by looking at their transcript. That’s a good case to include spouse as a contributing household member on Dad’s I-864 since he has no way of showing his separate income with an employer’s wage statement or letter. He is the employer.  If Dad was a wage earner with a paycheck, wage statement (W2/1099), and a boss, he could easily prove his separate income on a joint tax return and not have to include his lesser earning spouse. He could prove he qualified on his own separate income with documentation from his boss. 
 

And furthermore the line workers at NVC work for the Department of State, not the IRS. They probably know zilch about nuances of tax returns and sole proprietors. 

 

for the I-864 form couple questions so far.. 

Part 5 (sponsors household size) 

 

number 3. 

I am currently married and my spouse is who I am sponsoring... I already put "1" for number 1... for number 3 do I leave it blank? 

It is under the persons NOT sponsored in this affidavit section thus I do not believe I fill it out... is this correct? 

 

number 7 

it says "Optional: If you have siblings, parents or adult children with the same principal residence who are combining their income with yours by submitting form I-864A, enter the number here." 

 

Would I need to fill anything for this section? Reason I ask is because my mom will be my joint sponsor and we live in the same house... but it states she needs to fill the 864a form which I thought she would not need to fill as she is submitting the I-864 form. 

I have already read the instructions for this part and it is still not clear to me. 

 

 

Part 6 (sponsors employment and income) 

 

Since I am a 1099 I would be under self employed. I have been working since October... I have not filed taxes yet as my accountant said March 15th is when it is due.

Would I estimate my annual income based on the 2 months I have worked so far? 

 

Edited December 15, 2020 by VJmember2020

[Wuozopo 4,290]

2 hours ago, VJmember2020 said:

number 3. 

I am currently married and my spouse is who I am sponsoring... I already put "1" for number 1... for number 3 do I leave it blank? 

It is under the persons NOT sponsored in this affidavit section thus I do not believe I fill it out... is this correct? 

Leave blank or you’re counting your wife twice.  There are instances where somebody is sponsoring someone other than spouse, like their Mum. So Mum is Immigrant and their spouse is #3.

 

2 hours ago, VJmember2020 said:

number 7 

it says "Optional: If you have siblings, parents or adult children with the same principal residence who are combining their income with yours by submitting form I-864A, enter the number here." 

 

Would I need to fill anything for this section? Reason I ask is because my mom will be my joint sponsor and we live in the same house... but it states she needs to fill the 864a form which I thought she would not need to fill as she is submitting the I-864 form. 

I have already read the instructions for this part and it is still not clear to me. 

I read the instructions three times before I only barely started catching on, but I do think working through it with your circumstances will make it more clear to you. 

You on your form I-864 are only doing your income, so no to adding Mom on to yours. Just because somebody lives in the same house doesn’t mean you must use their income. It’s cleaner to just do you. 

 

Mom’s I-864. You said you chose to add Dad’s income to Mom’s form so she WILL have a family member to add (Dad). And he in turn has to do an I-874a.

 

The real purpose of this section is to allow family members to pool their income when nobody qualifies. Imagine Joe needed $22k to sponsor his spouse. He only works part-time earning $14k/yr. Not qualified.
His grandma lives in the same house. She earns $12k/yr in Social Security. She can’t qualify as a joint sponsor because she would need to make to full $22k on her own. Because of this special provision, Joe can add grandma to his form because they live under the same roof. So no his $14,000 + her $12,000 makes a total household income of $26,000 which qualifies. That figure goes in #20.

 

 

3 hours ago, VJmember2020 said:

Part 6 (sponsors employment and income) 

 

Since I am a 1099 I would be under self employed. I have been working since October... I have not filed taxes yet as my accountant said March 15th is when it is due.

Would I estimate my annual income based on the 2 months I have worked so far? 

 

It’s complicated and I am out of time. Later.

 

 

 

[VJmember2020 32]

3 minutes ago, Wuozopo said:

Leave blank or you’re counting your wife twice.  There are instances where somebody is sponsoring someone other than spouse, like their Mum. So Mum is Immigrant and their spouse is #3.

 

I read the instructions three times before I only barely started catching on, but I do think working through it with your circumstances will make it more clear to you. 

You on your form I-864 are only doing your income, so no to adding Mom on to yours. Just because somebody lives in the same house doesn’t mean you must use their income. It’s cleaner to just do you. 

 

Mom’s I-864. You said you chose to add Dad’s income to Mom’s form so she WILL have a family member to add (Dad). And he in turn has to do an I-874a.

 

The real purpose of this section is to allow family members to pool their income when nobody qualifies. Imagine Joe needed $22k to sponsor his spouse. He only works part-time earning $14k/yr. Not qualified.
His grandma lives in the same house. She earns $12k/yr in Social Security. She can’t qualify as a joint sponsor because she would need to make to full $22k on her own. Because of this special provision, Joe can add grandma to his form because they live under the same roof. So no his $14,000 + her $12,000 makes a total household income of $26,000 which qualifies. That figure goes in #20.

 

 

 

It’s complicated and I am out of time. Later.

 

 

 

thank you for answers my questions. this part is confusing. thanks again for clarifying!!

[jayman111 4]

12 hours ago, Wuozopo said:

In your Dad’s case, his income tax return or transcript is his only proof because of no Employer letter, W2, 1099, pay stubs. In your Dad’s case, a transcript is best because it doesn’t require W2 or 1099. 

 

 Immigration looks at the tax return (transcript) for the line on the 1040 called total income. That is not “taxable income” or “adjusted gross income“. Because tax return forms have changed up the last few years the line numbers aren’t always the same every year. On his 2018 return, total income is line 6. On his 2019 1040, total income is line 7b. Looking ahead to his next filing, the 2020 form 1040, total income is line 9. If he is filing all by himself, then a transcript of his tax return showing his total income is over the threshold should do it. 
 

BUT if he files a joint return with a spouse, the “total income” line will include her income too. Even if she is not employed, there is no way to know who earns what on a joint return  by looking at their transcript. That’s a good case to include spouse as a contributing household member on Dad’s I-864 since he has no way of showing his separate income with an employer’s wage statement or letter. He is the employer.  If Dad was a wage earner with a paycheck, wage statement (W2/1099), and a boss, he could easily prove his separate income on a joint tax return and not have to include his lesser earning spouse. He could prove he qualified on his own separate income with documentation from his boss. 
 

And furthermore the line workers at NVC work for the Department of State, not the IRS. They probably know zilch about nuances of tax returns and sole proprietors. 

Thank you for your detailed response. This helps a lot.

[VJmember2020 32]

On 12/14/2020 at 5:48 PM, pushbrk said:

No. Mom the I-864 and Dad the I-864a as her joint tax filing household member, no matter whether he has ANY income or not.  Did you think I wasn't reading before answering? 😉

Hello kind sir, 

 

Part 6 (sponsors employment and income) 

 

Since I am a 1099 I would be under self employed. I have been working since October... I have not filed taxes yet as my accountant said March 15th is when it is due.

Would I estimate my annual income based on the 2 months I have worked so far? Or just put what I have made in the 2 months I have worked? 

[pushbrk 12,330]

7 hours ago, VJmember2020 said:

Hello kind sir, 

 

Part 6 (sponsors employment and income) 

 

Since I am a 1099 I would be under self employed. I have been working since October... I have not filed taxes yet as my accountant said March 15th is when it is due.

Would I estimate my annual income based on the 2 months I have worked so far? Or just put what I have made in the 2 months I have worked? 

The self employed must calculate current income differently than the employed.  Your current income must be entered as zero until it appears on the "total income" line of a US Federal tax return.  If you've only worked since October, it is nearly impossible that your income on that line will be enough to qualify.  Tax filing deadline is April 15, usually, but you can file as early next year as you want, as soon as your 1099 is in hand.