I-864 VS I864EZ

[MOSTLYLOST 7]

Hello,

 

I used an I-864 on my initial filing, but since 2 years have passed I need to update the information with a new I-864 for the interview.  It seems that anI- 864EZ will work. Would there be a problem using an I-864EZ for the interview?

[pushbrk 13,143]

1 hour ago, MOSTLYLOST said:

Hello,

 

I used an I-864 on my initial filing, but since 2 years have passed I need to update the information with a new I-864 for the interview.  It seems that anI- 864EZ will work. Would there be a problem using an I-864EZ for the interview?

Not a problem if you qualify to answer all three questions at the top of the form with an accurate yes.  On the other hand, using the I-864 probably only takes and extra minute or two.

[MOSTLYLOST 7]

On 4/30/2021 at 7:28 PM, pushbrk said:

Not a problem if you qualify to answer all three questions at the top of the form with an accurate yes.  On the other hand, using the I-864 probably only takes and extra minute or two.

Ok Now I have another problem. 

The I-864 asks for the 1040 adjusted gross income which is zero. 100% of our income is from US Social Security. The current guidelines call for 125% of HHS poverty guidelines which is for 2 persons $21,775.00. Our Social Security income is over $36,000 or 165% of the required amount but because the social Security income is not included in the 1040 on the adjusted gross line they are saying our income is zero and not sufficient. 

 

Any Idea how to get them to recognize the income we have? 

[JKLSemicolon 425]

14 hours ago, MOSTLYLOST said:

Ok Now I have another problem. 

The I-864 asks for the 1040 adjusted gross income which is zero. 100% of our income is from US Social Security. The current guidelines call for 125% of HHS poverty guidelines which is for 2 persons $21,775.00. Our Social Security income is over $36,000 or 165% of the required amount but because the social Security income is not included in the 1040 on the adjusted gross line they are saying our income is zero and not sufficient. 

 

Any Idea how to get them to recognize the income we have? 

 First, one small clarification: the I-864 says:

 

Quote

My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:

and the instructions say:

Quote

For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.

 

Total income and adjusted gross income can be different, perhaps not in your situation, but others reading this should also be aware of that.

 

The Social Security income may not all be reflected in the total income from the tax return(s), but you should enter it in any of the sections asking for current individual annual income for you or your household (part 6, numbers 1-20). You will also want to provide documentation of that income, such as six months of payment history (i.e. your "pay stubs" as mentioned at the bottom of page 16 of the I-864 instructions) and an award letter (i.e. the equivalent of a "letter from your employer" also mentioned in the instructions).

 

I recommend also making a note on the additional information page (or on an attached page if you need more space) explaining the discrepancy between total income from the tax returns (page 5, part 6, #24 on the 3/10/21 form edition) and your current individual annual income (page 4, part 6, #7 on that same edition). This is what I did for a slightly different situation (total income on tax returns much lower than what I actually earn due to maximizing retirement plan contributions and other pre-tax deductions).

 

Here's another thread that might be of use:

 

[pushbrk 13,143]

22 hours ago, MOSTLYLOST said:

Ok Now I have another problem. 

The I-864 asks for the 1040 adjusted gross income which is zero. 100% of our income is from US Social Security. The current guidelines call for 125% of HHS poverty guidelines which is for 2 persons $21,775.00. Our Social Security income is over $36,000 or 165% of the required amount but because the social Security income is not included in the 1040 on the adjusted gross line they are saying our income is zero and not sufficient. 

 

Any Idea how to get them to recognize the income we have? 

You follow the instructions for the tax section of the affidavit, but your "current income" does not come from the tax return.  Just enter the annual SS income in the current income section, and provide a current benefit statement from Social Security, just like an employed person would provide a pay stub.

 

NVC will send you a notice saying your income is not enough and that the Consular Officer will make the decision.  The Consular Officer will "recognized" your SS income as your income and you'll have no worries.