i-864 / i-864a Income Questions

[bibliospecs 0]

Hi there,

I live in Australia and thus my income does not count towards my husband (the applicant's) support income. I am using my father as a joint sponsor and his wife has filed taxes jointly. (I-864 and I-864a)

We've gotten checklists TWICE that we completed the Adjusted Gross Income question wrong. (Part 6, Item 13.a.1) "The income you enter must match the total (gross) income reported on your most recent Federal income tax return..."

Question is: Even though their INDIVIDUAL income is different, do they have the same number for those? I only got one Tax Transcript because they filed together (right? is that right that there's only one?).

Second Question: I also filed my own wrong because apparently my income was $0, even though I earned a full salary in Australia. So mine is $0 for two years. Does that sound right?

Thanks so much for any help you can offer. I really really really need to get it right this time! We have a baby on the way in March and are hoping to move back in June!!

Thanks again!

[NikLR 13,220]

You have to file your back taxes I'd you made over the requirement to file.

Did the couple file a 1040 return or 1040ez?

[bibliospecs 0]

We have filed every year and we have IRS Tax Transcripts from the three prior years, which is what we are going by. They filed a full 1040.

[jcparker 6]

I think if they had filed their taxes jointly you will need to include your father's W-2's to show his individual income- as he is the joint sponsor (not his wife).

As per your second question, I have just submitted my I-864. I also have worked in Australia as a USC the last 3 years. I put down my current Australian salary, but included the offer of employment letter of the company I will be taking a job with in the US next year. Did the letter you received back say you had to write $0? I would be interested to know because maybe I have also done it wrong!

[bibliospecs 0]

Oh gosh, I hope I don't need any W2s. Getting paperwork out of my dad and his wife is an absolute nightmare. Aren't they going on what is on the IRS Tax Transcripts? Does it say on that somewhere?

[KayDeeCee 4,891]

You need to list the Total Income, not the AGI. Total Income amount is line 22 of a 1040 form, and should match the line from the IRS transcript that says Total Income. It will be the same amount for both of them, as they filed jointly. Their individual current annual income amounts will be different, and those are entered on separate parts of the forms.

Father should not need to provide W-2s since the wife is filing an I-864A to go with his I-864. Their income is combined anyway. Just list their separate individual incomes where it asks on their forms. It helps a lot to also provide proof of the current income with a letter from employer and/or recent pay stubs.

[bibliospecs 0]

Thanks so much for the response. So we would put the Total Income, on the question that states: "My total income (adjusted gross income on IRS Form 1040EX) as reported on my Federal tax returns for the most recent 3 years". And it's only Adjusted Gross Income if using the EZ form.

Is the individual income listed somewhere on the Tax Transcript? Is that the only paperwork / evidence we'll need?

My dad's wife retired this year, but she retired in July (after tax time). Will this have to be documented somewhere, too? She doesn't have recent paystubs and she says she's not sure where the old ones are. My dad owns his business... would he get a letter from himself?

Thanks SO much (again). This means a great deal to have help on this complicated process!

[KayDeeCee 4,891]

Correct. It is only the AGI if you used the 1040EZ.

Individual incomes are not on the transcripts. Since his wife is retired and he is self-employed, then he can use 3 years of tax transcripts to prove his income. If he has quarterly profit/loss statements, then those can work too. He won't need the letter from employer, since he does not have one, nor pay stubs.

[bibliospecs 0]

Ooo! This is starting to make sense! So the proof is in the 3 years of Tax Transcripts. There really is no way to prove what the individual income is, then? What do we put in that section of the form? I got both of their individual incomes from their accountant, but it's only a number with no "proof". They only have one Tax Transcript for both of them, since they filed jointly, so is it just an additional question that we can't really get wrong? Can I ignore the fact that my stepmom retired in July since it isn't relevant to the tax year that is documented (as long as we file the paperwork before this April, which we have to)?

You have saved me a sleepless night of sleep. Thank you so much for your help!

[KayDeeCee 4,891]

Does she receive retirement pay? If so, that is her current income. If not, then her current income is 0, no matter what she made up until last July. Currently she would be earning nothing. Their individual incomes could be shown on 1099s perhaps? Not sure you will need them though, especially if he is the only one with a current income.

Another way self-employed(and those with non-taxable income) have proved income is to provide 6-12 months of bank statements that show how much income is deposited each month.

[bibliospecs 0]

Gotcha. But do we NEED to provide this updated paperwork, or is it optional? I was under the impression that everything sort of was able to be found on the Tax Transcripts. Do they have any way of knowing that the situation has changed since the 2013 transcripts were issued? How do we know what we need? I've asked my dad's wife for her updated retirement "pay" documentation, but my guess is she'll say it's hard to get, etc... and it will delay us even further. Hmm... Is there any way to simplify?

I'm confused, because I keep hearing about this other documentation, but I thought that the transcripts were enough on their own if you have three years' worth.

Thanks again! (If you get tired of answering my questions, please feel free to let me know!)

[Frips 166]

If I may ask..for your 2nd question: Second Question: I also filed my own wrong because apparently my income was $0, even though I earned a full salary in Australia. So mine is $0 for two years. Does that sound right?

What did you fill on part6,q5?

[bibliospecs 0]

I had initially put my Australian income, but now I'm second guessing myself, because I got the question 13 questions wrong.

[NikLR 13,220]

I had initially put my Australian income, but now I'm second guessing myself, because I got the question 13 questions wrong.

You would put down your total income from your tax return, if it's a 1040, not your Aussie income. You should be using form 2555 to exclude your foreign income unto $96k(ish) a year.

You also do not put down any "current' income because it will not continue. It just complicates matters because then you have to show you have a current income, and how much it is, but then explain it won't continue which seems to confuse the heck out of the NVC so $0 is better. It's less confusing and less paperwork.

And you need the tax transcripts especially if he is self-employed because self employed people are not looked at the same way for the I-864 as a regular person is. It's their tax return that proves their income. As your mother is retired that does make a difference because unless she's collecting retirement or a pension, she's currently making no income.

In the I-864, it's current income that is king. Some countries are pickier and want to see several years of income because of a history of fraud or people working multiple jobs for a short period of time they don't keep after their spouse moves over. but Oz is not one of those places.