Hey all, I'm looking at question 7 on the I-134 Affidavit of Support. I'm a lil stumped as to what to put there as I have my W-2 and tax return saying one thing and a military statement of compensation. As you just read, I am in the military. What do you normally put there? Thanks for any words

I went to the Philly District Office to ask about that, among other things and they said very firmly that it should be the tax return AGI (1040 line 37). This makes sense because your employer's documentation will not account for other factors that make up an AGI like benefits, self-employment income and business expenses (whether you have any of these or not). So the tax return is the most thorough way to go, and I get the impression they like to deal with government documents rather than external ones wherever possible. Good Luck!
Tim

Just so you are not left hanging, there is a significant difference in the "service" member filing instructions.

I would surmise that it is a "total" compensation figure. Of which, I don't know the current figures. I defer to current service members to answer.

Just did not want you to think you were being ignored.

In any case, good luck in your process.

Thanks for the quick replies...now we're just waiting on NOA2...i can't believe it's taking so long and no touches since the 19th! *sigh*

"I went to the Philly District Office to ask about that, among other things and they said very firmly that it should be the tax return AGI (1040 line 37). This makes sense because your employer's documentation will not account for other factors that make up an AGI like benefits, self-employment income and business expenses (whether you have any of these or not). So the tax return is the most thorough way to go, and I get the impression they like to deal with government documents rather than external ones wherever possible."

I also want to know what to put down. For myself last year I sold a property that I had owned so My W-2 showed 48K for wages, salaries and tips but line #37 on my 1040 shows 66K due to the sale of real estate so do I write 48K or 66K????

Additionally, they ask for deposit in savings bank, personal property, stocks & bonds
1) Is deposit in bank account solely savings or is it savings plus CD's at the same bank
2) is real property my car's value minus the loan payment?
3)Is stocks and bonds my IRA, and other retirement? does it include the CD's (certificate of Deposits) here rather then in savings?

Well after muchhhhh searching I found this:AFFIDAVIT OF SUPPORT, Form I-864 Under Section 213A of the Immigration and Nationality Act ,October 20, 1997, Last Modified 01/20/2006

I would think that the I-864 and the I-134 would use the same info regarding income.

http://www.uscis.gov/graphics/publicaffair...eets/affaqa.htm

18. Which income line from the federal tax return is used for income determination?

The line for gross (total) income on IRS Forms 1040 (line 22 in 1996) and 1040A (line 14 in 1996) is used to determine income. The line for adjusted gross income is used for persons filing IRS Form 1040 EZ (line 4 in 1996).

So I just called to Visa Inquire 202-663-1225 they said that it is an immigrant form not a state depart form and to call them at 1-800-375-5283 - I'm on hold for 20-25 min ugh - but I need to send this out today! Well they were no clear help - do what you think!

I also found this:
Affidavits of Support on Behalf of Immigrants; Final Rule (seems to be based on the I-864)

http://a257.g.akamaitech.net/7/257/2422/01...006/06-5522.htm

Income means an individual's total income (adjusted gross income
for those who file IRS Form 1040EZ) for purposes of the individual's
U.S. Federal income tax liability, including a joint income tax return
(e.g., line 22 on the 2004 IRS Form 1040, line 15 on the 2004 IRS Form
1040A, or line 4 on the 2004 IRS Form 1040EZ or the corresponding line
on any future revision of these IRS Forms). Only an individual's
Federal income tax return--that is, neither a state or territorial
income tax return nor an income tax return filed with a foreign
government--shall be filed with an affidavit of support, unless the
individual had no duty to file a Federal income tax return, and claims
that his or her state, territorial or foreign taxable income is
sufficient to establish the sufficiency of the affidavit of support.
* * * * *

Raqiwin,

I-134 Q7 asks what your present income is on an annualized basis. This could be different from what your income was in the last tax year for any number of reasons.

Enter your current rate of pay, plus assured bonuses, OT, or other assured payments from your employer, plus other income you might have such as interest from bank accounts or income from investments. State these incomes on an annualized basis.

Yodrak

Thanks for the research. I was pointed explicity to line 37 in Philly, which again goes to show that you can't believe anything you're told in person, you have to find the law. It's frustrating that the DHS employees can be so careless over something that can cost us weeks of time. Glad someone's on the ball. T

cshell,

If the question is asking for past income as reported on a tax return, yes. If the question is asking for current income, no. Unless, perhaps, one is self-employed and a past tax return is the only way that one's income can be documented.

Yodrak

cshell,

If the question is asking for past income as reported on a tax return, yes. If the question is asking for current income, no. Unless, perhaps, one is self-employed and a past tax return is the only way that one's income can be documented.

Yodrak

The words on the I-134 read "I derive an annual income of" Since they only wanted my 2005 1040 and I did not feel that it reflected a typical 1040 I decided to write both the W-2 amount and gross income and marked them as such. I included my 1040, W-2, and letter from my bank which listed the monies deposited from my place of employment and I added an attachment expressing the large deposit as sale of real estate (which shows up on the 1040 as capital gains).

I was concerned about putting the amount shown in my W-2 also since half of my base pay last year was non-taxable combat pay. In speaking to other guys in my unit who have gone thru this process before, they assure me that they put their TOTAL entitlements, including all allowances, and had no problems when a few current LES's were attached to the form. Hope this helps.