Qualifying Income for Affidavit of Support (I-864)

[Kyle Johnson 0]

Hello, 

 

Does anyone know if your most recent tax returns total income line MUST be above 125% of the poverty guidelines to be a qualified sponsor? 

 

My wife came to the US on the k1 visa. We applied for aos and got an RFE for the I-864. We think part of the reason is because we put down gross income instead of listing the total income line for the last 3 tax returns for Part 6 number 24.

 

However, we see that the RFE states "the total income line on IRS Form 1040 is used to determine qualifying income for a sponser". I worked abroad in 2018, 2019,and 2020 so that line says zero. I have not filed 2021 yet cause my wife does not have a ssn number yet, but if we did file for 2021, I made around 57,000 gross in the US so the total icome should be above the limit.  I also got a raise to around $65,000 for 2022. I talked to a lawyer and he said it should be okay to just correct the total income line for part 6 number 24 and write zero for the 3 years and show my w2 for 2021 eventhough we did not file yet and it should be enough to pass.

 

I feel nervous sending this back with the most recent 3 years saying 0. I can prove my current income through paystubs and a letter from employer. 

 

Anyone know if the total income line on the most recent tax return MUST meet the 125% poverty guidelines in order to qualify as a sponsor? 

Do you think I need a joint sponsor? 

[Boiler 45,520]

Your current employment is your income not your historic tax filings

[Kyle Johnson 0]

Hello,

 

Thank you for your reply. So do you think if I resubmit this with 0 entered for total income on tax returns for the last 3 years and don't have a joint sponsor I should be okay as long as I prove my current income? 

 

Could the reason for the RFE been as simple as incorrectly entering the wrong amount eventhough I qualify? 

[Boiler 45,520]

I do not know what you submitted or the competence of the person that issued the RFE

[Kyle Johnson 0]

Okay, this is what I submitted: 

Form I-864 (Affidavit of Support)
Letter of Employment
Copy of Passport Biographical Page 
Copy of Birth Certificate
2020 IRS Tax Return Transcript
2019 IRS Tax Return Transcript 
2018 IRS Tax Return Transcript
2020 Payroll Certificate (company abroad) 
2019 Payroll Certificate (company abroad)
2018 Payroll Certificate (company abroad)
2020 W2
Six Months of Bank Statements
Six Months of Pay Stubs
401K Balance

 

Given what you know, do you think if I correct Part 6 number 24 to zero, and prove my current income that it should be enough to pass without filing my 2021 taxes or needing a joint sponser? I could include the w2 for 2021 which has around 54,000 as taxable income on it.  

[Boiler 45,520]

I wonder if the Payroll Certificates confused them? Not relevant.

 

Best to think of it as two very separate issues and not to confuse them.

 

Taxes filed, well that box is ticked and 2021 not due yet.

 

Current income, you showed you have had the job for some time, presumably you calculated your current annual income and showed that.

 

If you are for example self employed then the tax filings would be relevant to show your income. But you are salaried which is much simpler.

 

 

[arken 4,197]

I'd say the best case scenario would be to file 2021 tax return MFS tomorrow and then respond to RFE with a copy of the 2021 tax return, W2, latest paystubs. Don't submit any bank statements payroll certificates or retirement statements. Submitting 2021 W2 with 2020 tax return is pointless. The moment they see 2021 W2, they will look for 2021 tax return. Don't confuse them by providing tons of unnecessary docs for them to look for the required docs. Submit what is exactly listed in the RFE. You can always amend to MFJ once your spouse gets SSN and get any owed return later.

Edited February 26, 2022 by arken

[Kyle Johnson 0]

 

Ok, thank you all for the responses. 

Does anyone think what the lawyer I talked to today sounds plausible? Basically for part 6 number 24, I entered the gross recipets line for 2018,19 & 20 instead of the total income line (which excludes all the forign income). He said change those to zero and no need to change anything else. Basically, they just did not like that I wrote that incorrectly. Does that sound plausible to anyone? 

 

 

[Chancy 6,241]

*** Moved from AOS Progress Reports to AOS from K1 Visas forum ***

 

[iwannaplay54 985]

14 hours ago, Kyle Johnson said:

Hello, 

 

Does anyone know if your most recent tax returns total income line MUST be above 125% of the poverty guidelines to be a qualified sponsor? 

 

My wife came to the US on the k1 visa. We applied for aos and got an RFE for the I-864. We think part of the reason is because we put down gross income instead of listing the total income line for the last 3 tax returns for Part 6 number 24.

 

However, we see that the RFE states "the total income line on IRS Form 1040 is used to determine qualifying income for a sponser". I worked abroad in 2018, 2019,and 2020 so that line says zero. I have not filed 2021 yet cause my wife does not have a ssn number yet, but if we did file for 2021, I made around 57,000 gross in the US so the total icome should be above the limit.  I also got a raise to around $65,000 for 2022. I talked to a lawyer and he said it should be okay to just correct the total income line for part 6 number 24 and write zero for the 3 years and show my w2 for 2021 eventhough we did not file yet and it should be enough to pass.

 

I feel nervous sending this back with the most recent 3 years saying 0. I can prove my current income through paystubs and a letter from employer. 

 

Anyone know if the total income line on the most recent tax return MUST meet the 125% poverty guidelines in order to qualify as a sponsor? 

Do you think I need a joint sponsor? 

I do not

 

I think you need to enter 2019/2020 income as zero and skip the foreign earned income explanation.  Attach transcripts simply demonstrating that you filed for those two tax years.

 

For 2021 submit draft tax return, all attachments including W2’s, 1099’s, etc.  Means you pay to file it in order to review and print it but don’t hit “file”.  AGI from 2021 goes in 2021 income.  Fill it out as MFS.  You can modify it later before you actually submit it.

 

For 2022 submit bank statements/paystubs

 

Current income is 2022 ytd, backed up by paystubs and statements ytd

Last year’s income was AGI from your completed return.

 

Alternative is file MFS, hit submit, and recover your remaining benefit with a 1040X as suggested above.

 

Good luck.  

 

 

[Kyle Johnson 0]

Thank you everyone! I think I will go with filing the 2021 mfs, including the 1040 and w2 in the resubmission and amend it to mfj later when we get the ssn number. 

 

Is it okay that I include 2021 eventhough I don't have then transcript yet and it won't be finalized by the time we resubmit the I-864? 

 

Also, I am currently working on my 2021 tax return with a tax software. When selecting married filing separate, I see the option to put Applied in the ssn number field for my spouse. Anyone know if that is acceptable in this case? I read you would put NRA for non resident alien which is also true, but is it okay/correct to enter Applied?