Mistake on Tax return 2019 and unemployment benefits

[TheAmelie 9]

I’m about to send my AOS application anytime soon. I’m getting a bit frustrated with the affidavit of support and I-944 form. I have two questions that literally don’t let me sleep at night.

 

1. so my husband made around 98 000 in 2019 which should be on his return, when we were writing down his amount of money from tax return for 2019 it showed 44 000 on his tax return, clearly the person who was filling his taxes missed one of my husbands w2s. Now I don’t know how to proceed, we are going to fix it but I need to send my aos asap due to my I-94. Can I just put 44000 instead of 98000 on I-864 and I-944?

my husband made above  the poverty guideline anyways. Also his tax returns from last 3 years are above  poverty guideline 

 

2. Due to covid my husband was on unemployment for like 3 months this year, now he is working again and making good money, is that ok he was on unemployment? Or we should get a joint sponsor? We both would rather proceed without the joint sponsor especially that my husband’s makes good money, but if we need due to his unemployment he had then I guess we need to ask someone. 
 

thank you in advance 

[Ayrton 965]

32 minutes ago, TheAmelie said:

I’m about to send my AOS application anytime soon. I’m getting a bit frustrated with the affidavit of support and I-944 form. I have two questions that literally don’t let me sleep at night.

 

1. so my husband made around 98 000 in 2019 which should be on his return, when we were writing down his amount of money from tax return for 2019 it showed 44 000 on his tax return, clearly the person who was filling his taxes missed one of my husbands w2s. Now I don’t know how to proceed, we are going to fix it but I need to send my aos asap due to my I-94. Can I just put 44000 instead of 98000 on I-864 and I-944?

my husband made above  the poverty guideline anyways. Also his tax returns from last 3 years are above  poverty guideline 

 

2. Due to covid my husband was on unemployment for like 3 months this year, now he is working again and making good money, is that ok he was on unemployment? Or we should get a joint sponsor? We both would rather proceed without the joint sponsor especially that my husband’s makes good money, but if we need due to his unemployment he had then I guess we need to ask someone. 
 

thank you in advance 

2 different requirements:

 

1. Current Annual Income. His current salary. This number must be above the poverty line. You can prove with employment verification letter and paystubs.

 

2. Latest tax return and Total Income from latest tax return. This number doesn't necessarily needs to be above the poverty line. You will write the total income exactly like it shows on the return you're sending with the form. If it says 44k, write down 44k. Unless you want to fix it first, then you will send the 1040x with the correct amount and write down the correct amount on the form.

 

Edited December 30, 2020 by Ayrton

[SalishSea 17,828]

Your husband signed his tax return with such a large $ omission?

 

I'd worry more about fixing it with the IRS asap.

[TheAmelie 9]

4 minutes ago, Jorgedig said:

Your husband signed his tax return with such a large $ omission?

 

I'd worry more about fixing it with the IRS asap.

Yes we are fixing it, we are trying to get in touch with the tax agency which screwed this taxes. 
I have no idea how he did that, I guess he got everything printed out and just left the place lol and now he took out his documents and he saw that there is 44000 instead of 98000 on his return. Idk why these people didn’t count one of his w2s, I guess they’re not professional. 
 

so should I go ahead and put 44 000 on the forms or wait till we fix the issue? 

[SalishSea 17,828]

Just now, TheAmelie said:

Yes we are fixing it, we are trying to get in touch with the tax agency which screwed this taxes. 
I have no idea how he did that, I guess he got everything printed out and just left the place lol and now he took out his documents and he saw that there is 44000 instead of 98000 on his return. Idk why these people didn’t count one of his w2s, I guess they’re not professional. 
 

so should I go ahead and put 44 000 on the forms or wait till we fix the issue? 

No, because that would be false.  

[Chancy 6,241]

1 hour ago, Ayrton said:

Due to covid my husband was on unemployment for like 3 months this year, now he is working again and making good money, is that ok he was on unemployment? Or we should get a joint sponsor?

 

What matters most is current income at the time of interview.  If your husband's salary is well above the minimum income requirement, then there's no need for a joint sponsor and no need to worry about that brief period of unemployment.

 

[Ayrton 965]

10 minutes ago, TheAmelie said:

Yes we are fixing it, we are trying to get in touch with the tax agency which screwed this taxes. 
I have no idea how he did that, I guess he got everything printed out and just left the place lol and now he took out his documents and he saw that there is 44000 instead of 98000 on his return. Idk why these people didn’t count one of his w2s, I guess they’re not professional. 
 

so should I go ahead and put 44 000 on the forms or wait till we fix the issue? 

Until they fix the return, the total income on it is 44k. The 864 doesn't ask how much money he made last year, it asks what the Total Income line on the return shows.

 

USCIS is not going to ask IRS if the number is correct (which would be correct, since it was his mistake). They are only going to compare what you wrote on the form and what's on the transcript you gave them.

 

 

[TheAmelie 9]

4 minutes ago, Chancy said:

 

What matters most is current income at the time of interview.  If your husband's salary is well above the minimum income requirement, then there's no need for a joint sponsor and no need to worry about that brief period of unemployment.

 

Thank you so much! I just don’t know how to fill the I-864 then, my husband makes good money and all last three years he has been making above the poverty guideline, I’m sure that during the time of the interview we’ll be good. So I don’t need to put anything about a sponsor in the form I-864? 
 

I’m so lost again, I thought we were all set to send my paperwork and then I realized he was on unemployment for 3 months and we found this mistake on his return ugh 

[Ayrton 965]

3 minutes ago, TheAmelie said:

Thank you so much! I just don’t know how to fill the I-864 then, my husband makes good money and all last three years he has been making above the poverty guideline, I’m sure that during the time of the interview we’ll be good. So I don’t need to put anything about a sponsor in the form I-864? 
 

I’m so lost again, I thought we were all set to send my paperwork and then I realized he was on unemployment for 3 months and we found this mistake on his return ugh 

You're overthinking.

 

Questions 7-20: his current salary. Use employment letter and paystubs to prove it.

 

Question 24: Total Income line from the past return transcripts.

Edited December 30, 2020 by Ayrton

[TheAmelie 9]

2 minutes ago, Ayrton said:

Until they fix the return, the total income on it is 44k. The 864 doesn't ask how much money he made last year, it asks what the Total Income line on the return shows.

 

USCIS is not going to ask IRS if the number is correct (which would be correct, since it was his mistake). They are only going to compare what you wrote on the form and what's on the transcript you gave them.

 

 

Thank you so much! 
 

i-864 asks about annual income, so We need to put the number from the tax return? Or his current income from 2020? How does that work? 

[TheAmelie 9]

3 minutes ago, Ayrton said:

You're overthinking.

 

Questions 7-20: his current salary. Use employment letter and paystubs to prove it.

 

Question 24: Total Income line from the past return transcripts.

Seems like we commented in the same time. 
 
So basically what do We need to get? It says that they will compare in to the poverty guidelines and this unemployment really worries me 

[Ayrton 965]

3 minutes ago, TheAmelie said:

Seems like we commented in the same time. 
 
So basically what do We need to get? It says that they will compare in to the poverty guidelines and this unemployment really worries me 

Stop overthinking.

 

Current Annual Income = His Current Salary. Get an employment verification letter stating his position and annual salary. Add recent paystubs. They will use this number to compare to the poverty line.

 

Don't worry about unemployment. He has a job now. That's what matters. Even if he starts the job today and sign the affidavit tomorrow, his current Annual Income is what his new contract says, not what he has made throughout the year.

 

Example: He had a Job from Jan to July, making 10k/month. (Total: 70k). He became unemployed, and stayed like that until end of October. New job in November with a salary of 30k. His Current Annual Income is 30k. 

[TheAmelie 9]

4 minutes ago, Ayrton said:

Stop overthinking.

 

Current Annual Income = His Current Salary. Get an employment verification letter stating his position and annual salary. Add recent paystubs. They will use this number to compare to the poverty line.

 

Don't worry about unemployment. He has a job now. That's what matters. Even if he starts the job today and sign the affidavit tomorrow, his current Annual Income is what his new contract says, not what he has made throughout the year.

 

Example: He had a Job from Jan to July, making 10k/month. (Total: 70k). He became unemployed, and stayed like that until end of October. New job in November with a salary of 30k. His Current Annual Income is 30k. 

Well, not sure if I understand it right, 

my husband works as a constructor at rafineries, he doesn’t have one regular stable job. He always gets a contract for a few months, get the work done and he goes to another place to work. Sometimes his contracts lasts a few weeks only and he hops to another job. That’s his profession. Due to covid and him getting sick he was on unemployment for 3 months. He got his new contract at the beginning of November so I don’t think he made more than 21,125 since November 3rd 

[Ayrton 965]

13 minutes ago, TheAmelie said:

Well, not sure if I understand it right, 

my husband works as a constructor at rafineries, he doesn’t have one regular stable job. He always gets a contract for a few months, get the work done and he goes to another place to work. Sometimes his contracts lasts a few weeks only and he hops to another job. That’s his profession. Due to covid and him getting sick he was on unemployment for 3 months. He got his new contract at the beginning of November so I don’t think he made more than 21,125 since November 3rd 

Read my example again. Current Annual Income doesn't depend on the day he started to work. If he started today, and his contract shows a salary of 1 million/year, then his current Annual income is 1 million. 

 

You said he has short term contracts. Is he salary or hourly? W2 or 1099?

Edited December 30, 2020 by Ayrton

[TheAmelie 9]

2 minutes ago, Ayrton said:

Read my example again. Current Annual Income doesn't depend on the day he started to work. If he started today, and his contract shows a salary of 1 million/year, then his current Annual income is 1 million. 

 

You said he has short term contracts. Is he salary or hourly? W2 or 1099?

He gets paid hourly and it’s w2 

Edited December 30, 2020 by TheAmelie