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Filed: K-3 Visa Country: Philippines
Timeline
Posted

I am in the process of preparing all the documents to submit with my I-864. I am self employed and filing one petition(CR-1) for my wife only. I have no problem meeting the 125% Poverty Guideline and I'm filing using my income only. No use of assets to suppliment my income will be required. But I do have a question in regards to the I-864 Form..

On Item 23. My "current individual annual income" is:_________?..Under the "Step by Step Instructions", it states "Enter your current individual earned...annual income... I think my actual earned income or gross income goes on this line...

But then on Item 25, it asked for "my total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal Income tax returns for the most recent years." First of all, I don't file a IRS Form 1040EZ. Do I still put the "adjusted gross income" on this line? That number(adjusted gross income) will be different than the number on

Item 23 (current annual income). Annual earned income and adjusted gross income are two different things.

Is this ok? Am I reading this correctly? I just want to make sure I put the right number there.

I will also have copies of the last 3 years tax returns and/or IRS Transcripts to verify my income.

Filed: IR-1/CR-1 Visa Country: Qatar
Timeline
Posted

Not an answer to your question but related to the AOS. Have you considered filling out the 1-864 EZ ?

Below is from the "who may use the I-864 EZ form" part as it appears on a I-864 EZ. Your answer has to be "yes" to all three points below.

1. You are the person who filed or is filing the Form I-130,Petition for Alien Relative, for a relative being sponsored;

2.The relative you are sponsoring is the only person listed onthe Form I-130 petition;

3.The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s).

http://www.uscis.gov/files/form/I-864EZ.pdf

I-130

12/21/2006 - Got married

1/27/2007 - Sent I-130 package to VSC

1/30/2007 - Received by VSC

2/1/2007 - Received NOA1 in mail (if only everything in the process moved as fast as the noa1)

5/11/2007 -case transfered to CSC (received notification email)

5/17/2007 - Received hard-copy of notice of transfer to CSC in mail

6/7/2007 - Received NOA2 approval ( CRIS email recvd 6/8/07) FINALLY !!!

Filed: K-3 Visa Country: Philippines
Timeline
Posted
Not an answer to your question but related to the AOS. Have you considered filling out the 1-864 EZ ?

Below is from the "who may use the I-864 EZ form" part as it appears on a I-864 EZ. Your answer has to be "yes" to all three points below.

1. You are the person who filed or is filing the Form I-130,Petition for Alien Relative, for a relative being sponsored;

2.The relative you are sponsoring is the only person listed onthe Form I-130 petition;

3.The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s).

http://www.uscis.gov/files/form/I-864EZ.pdf

Sorry, but I can not file the I-864EZ...it states clearly that if you are self-employed, you MAY NOT use that form...and as I stated, I AM self employed...Anywayssss..Thanks

Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted

Q 23 is asking how much money you are making in 2007 (currently).

I don't know how this works when you are self employed... do you "pay a salary" to yourself? If yes, you multiply your monthly salary by 12 and that is your current income.

Q25 deals with your past income in 2004, 2005 and 2006.

So yes, they are different.

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Filed: K-3 Visa Country: Philippines
Timeline
Posted
Q 23 is asking how much money you are making in 2007 (currently).

I don't know how this works when you are self employed... do you "pay a salary" to yourself? If yes, you multiply your monthly salary by 12 and that is your current income.

Q25 deals with your past income in 2004, 2005 and 2006.

So yes, they are different.

No, I don't pay myself a salary. I am a Sole Propriertorship type of company...not Incoporated. It's just me..DBA (doing business as)...No way to say that what I've made currently this year is my "current annual income"...keyword "annual"..My income varies month to month. I base everything on what I made last year. That is what I would consider as my "current annual income"...and I understand that Question 25 deals with previous years..Just need to clarify the questions asked on the form.

Filed: K-3 Visa Country: Philippines
Timeline
Posted
I am in the process of preparing all the documents to submit with my I-864. I am self employed and filing one petition(CR-1) for my wife only. I have no problem meeting the 125% Poverty Guideline and I'm filing using my income only. No use of assets to suppliment my income will be required. But I do have a question in regards to the I-864 Form..

On Item 23. My "current individual annual income" is:_________?..Under the "Step by Step Instructions", it states "Enter your current individual earned...annual income... I think my actual earned income or gross income goes on this line...

But then on Item 25, it asked for "my total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal Income tax returns for the most recent years." First of all, I don't file a IRS Form 1040EZ. Do I still put the "adjusted gross income" on this line? That number(adjusted gross income) will be different than the number on

Item 23 (current annual income). Annual earned income and adjusted gross income are two different things.

Is this ok? Am I reading this correctly? I just want to make sure I put the right number there.

I will also have copies of the last 3 years tax returns and/or IRS Transcripts to verify my income.

Ok..No problemo now...After further reading, I got my answer...Duhhhhhhh..On the "step by step" instructions, it says and I quote.."For purposes of this affidavit, the line for gross (total) income on IRS 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040EZ, the line for adjusted gross income will be considered" So, to answer my own question...On Question no 23 My current annual income will be my gross(total) income from my last year's tax return...and Question no. 25 (since I file the IRS 1040), I will put my gross (total) income...not adjusted gross income

Thanks to all who responded...

Posted
:dance::thumbs: I'm glad that you have everything firgured out now. Good luck!

IR-1

Immigration Process

2007-02-22 **I-130 Sent to VSC

2007-07-02 **I-130 APPROVED at USCIS- CSC

2007-10-10 **CASE COMPLETED at NVC

2007-11-15 **INTERVIEW DATE. APPROVED at USEM!!!

USA

2007-12-02 **Arrival from MNL to JFK (NYC)

2007-12-10 **Visit to SSA

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  • 3 years later...
Posted

[

Ok..No problemo now...After further reading, I got my answer...Duhhhhhhh..On the "step by step" instructions, it says and I quote.."For purposes of this affidavit, the line for gross (total) income on IRS 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040EZ, the line for adjusted gross income will be considered" So, to answer my own question...On Question no 23 My current annual income will be my gross(total) income from my last year's tax return...and Question no. 25 (since I file the IRS 1040), I will put my gross (total) income...not adjusted gross income

Thanks to all who responded...

Hi Michael! I have the EXACT same question as you regarding the total income on Q25 (if it is the gross (total) income or the adjusted gross income on forms 1040. I see that section you queted but I received different information from lawyers so I was wondering if this worked for you?? Please let me know!!

USCIS (200 days)

2010-07-21: I-130 Sent

2010-07-29: NOA1

2011-02-14: NOA2

NVC (65 days)

2011-03-01: Received NVC case#, IIN# and Beneficiary ID#

2011-03-02: Gave NVC Operator e-mail addresses. Sent OPTIN email.

2011-03-03: Sent DS-261 (online)

2011-03-04: Received and paid AOS fee. Received DS3032 by email.

2011-03-07: AOS fee appears PAID

2011-03-08: NVC Received DS-261 according to AVR.

2011-03-08: Received IV fee bill by email but Online Payment portal not working! L(

2011-03-10: Sent AOS package by email.

2011-03-14: Finally NVC portal working... Paid IV fee.

2011-03-14: OPTIN email accepted! (12 days after sent)

2011-03-15: IV fee appears as PAID. Submitted DS-260 online form & documents by email.

2011-04-01: Review completed but showing missing docs that were there. Sent to supervisor for a second review.

2011-04-14: Second review completed but still rejecting Argentine PCC. Off to getting a new one :(

2011-04-27: New Argentine PCC sent (checklist response)

2011-05-04: SIF & CC!!!!!!!

2011-05-13: Interview date assigned

Medical / US Consulate / POE

2011-05-25: Medical in Montreal

2011-06-21: Interview

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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