I-864 tax question (Merged)

[Dan and Akari 44]

On Part 6 Sponsor's Employment and Income, questions 24a, 24b, and 24c ask for my AGI for the current year and past 2 years' tax returns.  

 

I sold my business in 2016, worked for the acquiring company for 4 1/2 years and in November 2020 embarked on a what I planned as a 3 year sabbatical from corporate America.  At the time I was married to my ex.  We filed Married Filing Jointly for 2021 and 2022 during which time I had no income; however, my ex wife's income was reported on our taxes for 2021, 2022.  Do I report the AGI from the 1040 for 2021 and 2022 even though all the "income" was produced by the ex?  Or do I report $0 since none of the income was mine?  Since I am filing an AOS, I would think that only MY income would count.

Edited February 20 by Crazy Cat
Misspell

[Verrou 1,962]

11 minutes ago, Dan and Akari said:

On Part 6 Sponsor's Employment and Income, questions 24a, 24b, and 24c ask for my AGI for the current year and past 2 years' tax returns.  

 

I sold my business in 2016, worked for the acquiring company for 4 1/2 years and in November 2020 embarked on a what I planned as a 3 year sabbatical from corporate America.  At the time I was married to my ex.  We filed Married Filing Jointly for 2021 and 2022 during which time I had no income; however, my ex wife's income was reported on our taxes for 2021, 2022.  Do I report the AGI from the 1040 for 2021 and 2022 even though all the "income" was produced by the ex?  Or do I report $0 since none of the income was mine?  Since I am filing an AOS, I would think that only MY income would count.

In my understanding, as a sponsor u need to make that 125% minimum income on your own even though u filed married filed jointly with ur ex. If I were you I will get a joint sponsor for I-864. What’s ur current income for 2024 ? That’s important as well

[pushbrk 12,872]

13 minutes ago, Dan and Akari said:

On Part 6 Sponsor's Employment and Income, questions 24a, 24b, and 24c ask for my AGI for the current year and past 2 years' tax returns.  

 

I sold my business in 2016, worked for the acquiring company for 4 1/2 years and in November 2020 embarked on a what I planned as a 3 year sabbatical from corporate America.  At the time I was married to my ex.  We filed Married Filing Jointly for 2021 and 2022 during which time I had no income; however, my ex wife's income was reported on our taxes for 2021, 2022.  Do I report the AGI from the 1040 for 2021 and 2022 even though all the "income" was produced by the ex?  Or do I report $0 since none of the income was mine?  Since I am filing an AOS, I would think that only MY income would count.

The instructions you need to become an A-Student of will tell you two things.  One, it's the Total Income number that you enter, unless you filed a 1040EZ.  Two, you enter that number in EVERY situation, including the one you describe.  In a separate area, you will indicate your "current income".  Unless you are self employed, that does NOT come from a tax return.

What is your "current income" as THAT will determine whether you qualify or not, unless you are using liquid assets to qualify.

2 minutes ago, Verrou said:

In my understanding, as a sponsor u need to make that 125% minimum income on your own even though u filed married filed jointly with ur ex. If I were you I will get a joint sponsor for I-864. What’s ur current income for 2024 ? That’s important as well

Current income is MOST important, but I already answered the ACTUAL question asked....plus.

 

[Dan and Akari 44]

3 minutes ago, pushbrk said:

The instructions you need to become an A-Student of will tell you two things.  One, it's the Total Income number that you enter, unless you filed a 1040EZ.  Two, you enter that number in EVERY situation, including the one you describe.  In a separate area, you will indicate your "current income".  Unless you are self employed, that does NOT come from a tax return.

What is your "current income" as THAT will determine whether you qualify or not, unless you are using liquid assets to qualify.

OK, I was looking at the instruction in parentheses so that is on me.  And just so there is no translation error, you are saying that I should enter the total income from my MFJ return even though none of the income was "My" income.  I just want to make sure I am doing this correctly.

 

And I appreciate everyone's answers.  First, let me clarify that I have more than enough in assets to qualify, but out of an abundance of caution (after reading a few posts here from people who qualified on assets but were still asked about income), I returned to the states in September 2023 and got a job where my "current income" is well over the 125% annually. 

 

 

 

[pushbrk 12,872]

19 minutes ago, Dan and Akari said:

OK, I was looking at the instruction in parentheses so that is on me.  And just so there is no translation error, you are saying that I should enter the total income from my MFJ return even though none of the income was "My" income.  I just want to make sure I am doing this correctly.

 

And I appreciate everyone's answers.  First, let me clarify that I have more than enough in assets to qualify, but out of an abundance of caution (after reading a few posts here from people who qualified on assets but were still asked about income), I returned to the states in September 2023 and got a job where my "current income" is well over the 125% annually. 

 

 

 

Yes, not only did I say enter the total income number (you only have one tax return each year) but that's also what the instructions clearly say to do.  No exceptions are mentioned.  Sounds like you have the income covered, as long as you stay employed.  Current income is gross for a pay period times the number of pay periods in a full year.  Example:  Every two weeks is times 26.

[Dan and Akari 44]

7 hours ago, pushbrk said:

Yes, not only did I say enter the total income number (you only have one tax return each year) but that's also what the instructions clearly say to do.  No exceptions are mentioned.  Sounds like you have the income covered, as long as you stay employed.  Current income is gross for a pay period times the number of pay periods in a full year.  Example:  Every two weeks is times 26.

@pushbrk I appreciate your quick reply and clarification; however, I want to respectfully say that the condescending tone you took with me and to other users to whom you respond is unnecessary and unhelpful.  We come here for advice, and just because you feel as though we are asking something that is "clearly stated" that doesn't warrant the tone.  If the instructions on these forms were "clearly stated", there would be a lot fewer immigration forums and how to videos on these forms on YouTube.  I am a degreed professional.  I understand how to read instructions.  If I felt as though the instructions "clearly" stated something, I would not have asked a question.  I am submitting the I-864 to prove "I" can support my immigrant wife, so when I am asked for "MY" income I take that literally.  Clear instruction would simply say "Enter the total income....on your Federal income tax returns..." .

 

We are all navigating a complicated process that leaves little wiggle room for error and those errors cost us time.  We come to this forum to ask questions and get the helpful advice to avoid the pitfalls that delay or even halt our journey.  

 

Again, I really do appreciate your answers and clarification.

[pushbrk 12,872]

19 hours ago, Dan and Akari said:

@pushbrk I appreciate your quick reply and clarification; however, I want to respectfully say that the condescending tone you took with me and to other users to whom you respond is unnecessary and unhelpful.  We come here for advice, and just because you feel as though we are asking something that is "clearly stated" that doesn't warrant the tone.  If the instructions on these forms were "clearly stated", there would be a lot fewer immigration forums and how to videos on these forms on YouTube.  I am a degreed professional.  I understand how to read instructions.  If I felt as though the instructions "clearly" stated something, I would not have asked a question.  I am submitting the I-864 to prove "I" can support my immigrant wife, so when I am asked for "MY" income I take that literally.  Clear instruction would simply say "Enter the total income....on your Federal income tax returns..." .

 

We are all navigating a complicated process that leaves little wiggle room for error and those errors cost us time.  We come to this forum to ask questions and get the helpful advice to avoid the pitfalls that delay or even halt our journey.  

 

Again, I really do appreciate your answers and clarification.

My tone is an acquired taste.  😉  It's intended to first get your attention.  I see that purpose was accomplished.  We intelligent, educated people have a tendency to make similar mistakes. I've seen it for the 19 years, I've been a member here and I've made them myself.  One of the most common mistakes is to overthink things.  The keys are to first study instructions and the questions on the forms very carefully.  While doing so, it is critical to interpret literally, and answer accurately.  Little things like commas, if, and, or etc. are often missed.  The highly educated lawyers that approve the language in forms and instructions, use a lot of those details of the language.  If you miss them, you'll make mistakes.

 

They don't just say enter the total income, because if you file a 1040EZ, there is no total income line to use.  So, the comma you missed when incorrectly concluding you were to enter the AGI number was very important.  Ironically, AGI and Total income are the same number, quite often, maybe even most of the time, but not always.

The I-864 is the most complicated form in the process.  Be sure to carefully read the questions and instructions on the face of the forms too.

[Dan and Akari 44]

4 hours ago, pushbrk said:

One of the most common mistakes is to overthink things.  The keys are to first study instructions and the questions on the forms very carefully.  While doing so, it is critical to interpret literally, and answer accurately.  Little things like commas, if, and, or etc. are often missed.  The highly educated lawyers that approve the language in forms and instructions, use a lot of those details of the language.  If you miss them, you'll make mistakes.

The I-864 is the most complicated form in the process.  Be sure to carefully read the questions and instructions on the face of the forms too.

You hit the nail square on the head here.  I over analyze out of an abundance of caution because I know mistakes cost time.  Unfortunately, sometimes the over analysis morphs into playing out different scenarios of possible outcomes if I make a mistake, and then I come here to research, confirm or deny may assumptions, and when necessary, seek advise.

 

I was excited when we made it through the USCIS phase so quickly, but that excitement was tempered by the reality that the documentary requirements at NVC were more daunting than the I-130 petition.  Little intricacies that can trip you up are pervasive in the process.  I read the instructions multiple times, paying attention to small details like the word "if", i.e. do this "if" that.  

 

I appreciate the time you and the other veterans here spend in helping the rest of us through the process.  Thank you.

[Crazy Cat 41,830]

15 minutes ago, Dan and Akari said:

sometimes the over analysis morphs into playing out different scenarios of possible outcomes

Agree.  The "what if" scenarios can drive a person crazy......caused me a few sleepless nights..LOL.

[Dan and Akari 44]

I'm wrestling with what years to submit tax returns to accompany my AOS.  Looking for suggestions.  I know that I am only required to submit the most recent year's return, which is 2022 at this point since 2023 is not due until April 15.  I am not delaying completing and submitting my 2023 return to the IRS, but I have 2 options on which years to include so I don't necessarily need to submit my 2023 return.

 

Background:

I sold my business in 2016, worked for the acquiring company for 4 1/2 years and in November 2020 embarked on a what I planned as a 3 year sabbatical from corporate America.  At the time I was married to my ex.  We filed Married Filing Jointly for 2021 and 2022 during which time I had no income; however, my ex wife's income was reported on our taxes for 2021, 2022 so those returns reflect "total income" which is above the 125% threshold.  I also have more than enough liquid assets to exceed the 125% poverty line threshold; however, I have read stories here of people who relied on assets only to be asked for "income".  Consequently, I returned to the US from Thailand in September and landed a job doing exactly what I did in my own business in anticipation of needing to show income.  This job also generates significantly income than is required.

 

Scenario 1

I simply submit only the most recent tax year transcript (2022) knowing that it is a MFJ return and none of the income generated was mine, but the transcript doesn't break out whose income makes up the total income number.  I have the 2022 transcript in hand and NVC prefers transcripts.  I would also include optional asset evidence: Investment statements, bank statements, offer letter for current job, pay stub from current job, etc. just to reinforce I have the means to support my wife.

 

Scenario 2

I submit my completed 2023 tax return because it shows my income exclusively.  The problem is that I am waiting on a 1099-DIV to complete the return.  The investment company has until March 15 to get me the 1099, so I would have to wait another 3, almost 4 weeks for that information, and then submit my return with my W2 and all 1099's to NVC knowing that submitting a return versus a transcript may introduce unnecessary delays or questions.

 

Will I be OK submitting just the 2022 transcript because it would be more expeditious and I could submit my I-864 and all supporting evidence literally today?  Or wait almost a month and submit my 2023 return because it reflects my W2 income for 2023?  

[pushbrk 12,872]

8 hours ago, Crazy Cat said:

Agree.  The "what if" scenarios can drive a person crazy......caused me a few sleepless nights..LOL.

Me too, 19 years ago.  Made a few mistakes, but luckily none came back to bite me.

[pushbrk 12,872]

Either way will work, because you'll be submitting a pay stub to document your current income.  For the employed, current income does NOT come from a tax return.  Your current income is gross from a pay period times the number of pay periods in a year.  If it was me, in this situation I would wait 3 weeks, to avoid having to update everything before the interview.

[Crazy Cat 41,830]

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