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help! I-864 problem with part 6 item 13.a.1. (married filing jointly)

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Hi visajourney members!

Yesterday we received a checklist for our joint sponsor AOS form I-864. The problem is, we have no idea whats actually wrong with it!

Weve got the checklist for the following part:

[x] In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Items 13.a.1. The income you enter must match the total (gross) income reported on your most recent Federal income tax return. If you filed Form 1040EZ, use the adjusted gross income instead.

Important to know: Our joint sponsor files taxes jointly together with his wife (married filing jointly)!

We sent in these documents of our joint sponsor:

- IRS tax return transcript of 2012 (married filing jointly combined adjusted gross income: $175762,00)

- IRS tax return transcript of 2013 (married filing jointly combined adjusted gross income: $158848,00)

- Form 1040 tax return of 2014 (married filing jointly combined adjusted gross income: $129339,00)

and to make clear that we only want to use his income on his individual W2s:

- W2 of 2012 (just the joint sponsors adjusted gross income (line 1 of W2) without wife: $76437,37)

- W2 of 2013 (just the joint sponsors adjusted gross income (line 1 of W2) without wife: $84579,36)

- W2 of 2014 (just the joint sponsors adjusted gross income (line 1 of W2) without wife: $85416,14)

So we filled in the following items like this:

- Form I-864 Part 6 item 13.a.1.: $85416,14 (most recent of 2014)

- Form I-864 Part 6 item 13.b.1.: $84579,36 (2nd most recent of 2013)

- Form I-864 Part 6 item 13.c.1.: $76437,37 (3rd most recent of 2012)

And for Part 6 item 10: $85500 (My Current Annual Household Income)

So the checklist says that just Part 6 item 13.a.1. is incorrect!

So we only want to use one person as our sponsor and not both.

What should I change and do I still need to change more than just Part 6 item 13.a.1. (because the other items will be wrong, too I guess!) ???

Thank you everybody in advance for your answers!


NVC: USCIS:

May 06, 2015: Scan Date AOS/IV package Jun 02, 2014: I-130 sent

Jun 05, 2015: Checklist for sponsor's AOS (wrong income amounts) Jun 04, 2014: NOA 1

Jun 10, 2015: received email of Checklist dated June 05, 2015 Nov 24, 2014: RFE

Jun 15, 2015: Checklist corrections mailed (took sooooo long due to post office strikes!) Dec 12, 2014: RFE sent

Jun 26, 2015: Scan Date Checklist Dec 16, 2014: NOA 2

Jul 22, 2015: Case Completed (CC email Jul 28, 2015) Jan 02, 2015: NVC received

CONSULATE:

Aug 25, 2015: P4 Interview Letter via email

Sep 08, 2015: Medical

Sep 17, 2015: Interview in Frankfurt !approved!(changed from Sep 29 on Sep 11)

USA:

Sep 26, 2015: Visa in Hand

Oct 07, 2015: POE (MIA)

Nov 03, 2015: received SSN in mail

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What I did in my case, which is same as yours, I asked their accountant to give me a detailed paper with spouses separate income and I highlighted which ones belongs to my sponsor; also, my father in law, who is my sponsor, signed a paper for me saying that's the income by himself, without adding his wife.

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Thank you AlexandraDiana for your fast response! Sounds like pretty much more to do to get this solved...

Anyone else experiences how to get this fixed?


NVC: USCIS:

May 06, 2015: Scan Date AOS/IV package Jun 02, 2014: I-130 sent

Jun 05, 2015: Checklist for sponsor's AOS (wrong income amounts) Jun 04, 2014: NOA 1

Jun 10, 2015: received email of Checklist dated June 05, 2015 Nov 24, 2014: RFE

Jun 15, 2015: Checklist corrections mailed (took sooooo long due to post office strikes!) Dec 12, 2014: RFE sent

Jun 26, 2015: Scan Date Checklist Dec 16, 2014: NOA 2

Jul 22, 2015: Case Completed (CC email Jul 28, 2015) Jan 02, 2015: NVC received

CONSULATE:

Aug 25, 2015: P4 Interview Letter via email

Sep 08, 2015: Medical

Sep 17, 2015: Interview in Frankfurt !approved!(changed from Sep 29 on Sep 11)

USA:

Sep 26, 2015: Visa in Hand

Oct 07, 2015: POE (MIA)

Nov 03, 2015: received SSN in mail

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Okay the issue IS this.. You use adjusted gross income when you were supposed to use total income. The numbers may be different.

If a 1040 is filed you use total income. if a 1040EZ is filed, you use adjusted gross income.

Also use the numbers from the tax return not the W2, which will not have cents.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Lastly, the way numbers are written in the USA = $123,456.90 If the US person filled it out then it needs to have the commas and the periods in the correct spots or else the number values are different. It took me a minute to realize how much you were writing.

For example you wrote: $76437,37

I think this is seventy six thousand, four hundred thirty-seven dollars and thirty seven cents. Am I correct?

If so then the correct way to write this for the US government is: $76,437.37

However on a tax return it would round down, so $76,437.00

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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**Hijack post removed. All replies in this thread need to directly address the OP and the questions that were asked. If you have a question about your own case or circumstances, you need to start your own thread.**


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Yeah the RFE is because you submitted joint tax return but only try to use

one person's income (perhaps) without clearly explaining that.

The easiest thing to do is to use the total gross income from the tax transcript

and provide evidence (employment letter and past 6 months pay stubs).

Based on the couple's earning, they are going to have many entries in the tax filing for

- interest/dividend income (perhaps from both individual and joint accounts)

- deductions (also from individual and jointly applicable items)

- capital gains/losses

- and other details

It's going to be pretty confusing to split this into his and her portions,

and even more complicated to explain that to USCIS and get them to understand it.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Transcripts (if I remember correctly without having access to my own transcripts right now) do not show each person's total income, only a combined amount. So the transcript gross is not the same as the sponsor's gross. The standard form 1040 shows each individual's earnings. That may be the issue.

Either a copy of their form 1040 showing the breakout (easiest) or as another poster suggested a sheet detailing each person's earnings ought to be enough. I'd get a copy of the 1040.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Hey fellows!

Thank you guys so much for all your answers!!!

So I looked into Saylin's NVC process guide again... (It feels like I've read it about a 1000 times already but I recognize again that it can't be enough!)

What do you guys think about this, that I just found:

Step 9 - Review: Checklists and Case Complete

Avoiding Checklists

Here are a few common checklist items I see all the time:

-Use the correct numbers on the I-864/I-864EZ for past year's incomes. As it states RIGHT IN THE QUESTION, if you filed a 1040 (or 1040A), then use total income, and if you filed a 1040EZ, then use adjusted gross income. If you filed jointly, then make sure you use the combined income (since it doesn't separate the incomes) and then submit W2s to show individual income.

Well I really read the NVC Process wiki soooooo many times and I didn't pay attention to this when it finally got important....

So even if I wrote the amounts kinda wrong (commas / dots) will this be the key to success?! (Thank you NLR for mentioning this!)

Sounds pretty easy and if that is the proper way, it was absolutely a filling fault from applicant side...

But additionally: if this is the key would you guys recommend an additional "explanation letter" where I point out this situation that I've sent in the joint sponsor's W2s (to show his individual income that I want to use) and that I filled in the combined income because of the jointly filed 1040 tax return and tax return transcripts?

So in Part 6 item 13.a.1. to 13.c.1. I will correct all 3 years with the new amounts, even if they just wanted to correct the recent year?

And for Part 6 item 10 also the combined estimated income for the current year?

Also I'd use the right commas and dots in the combined income amounts right?

Thank you everybody for your opinions in advance!!!


NVC: USCIS:

May 06, 2015: Scan Date AOS/IV package Jun 02, 2014: I-130 sent

Jun 05, 2015: Checklist for sponsor's AOS (wrong income amounts) Jun 04, 2014: NOA 1

Jun 10, 2015: received email of Checklist dated June 05, 2015 Nov 24, 2014: RFE

Jun 15, 2015: Checklist corrections mailed (took sooooo long due to post office strikes!) Dec 12, 2014: RFE sent

Jun 26, 2015: Scan Date Checklist Dec 16, 2014: NOA 2

Jul 22, 2015: Case Completed (CC email Jul 28, 2015) Jan 02, 2015: NVC received

CONSULATE:

Aug 25, 2015: P4 Interview Letter via email

Sep 08, 2015: Medical

Sep 17, 2015: Interview in Frankfurt !approved!(changed from Sep 29 on Sep 11)

USA:

Sep 26, 2015: Visa in Hand

Oct 07, 2015: POE (MIA)

Nov 03, 2015: received SSN in mail

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When my father in law filled for me, he had the 1040 form "married filling jointly", so both spouses have their income together, it is NOT divided, I had to ask the accountant to give me a report with separate incomes and also I added, since in my case they are both retired, my sponsor's social security, private pension and two checks that show he receives monthly payment for him former jobs. Among that, he signed a letter explaining what his income is separate from his wife and that is enough withought her having to fill I-864a.

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Thank you again AlexandraDiana!

And you other posters, what do you think about my last post?


NVC: USCIS:

May 06, 2015: Scan Date AOS/IV package Jun 02, 2014: I-130 sent

Jun 05, 2015: Checklist for sponsor's AOS (wrong income amounts) Jun 04, 2014: NOA 1

Jun 10, 2015: received email of Checklist dated June 05, 2015 Nov 24, 2014: RFE

Jun 15, 2015: Checklist corrections mailed (took sooooo long due to post office strikes!) Dec 12, 2014: RFE sent

Jun 26, 2015: Scan Date Checklist Dec 16, 2014: NOA 2

Jul 22, 2015: Case Completed (CC email Jul 28, 2015) Jan 02, 2015: NVC received

CONSULATE:

Aug 25, 2015: P4 Interview Letter via email

Sep 08, 2015: Medical

Sep 17, 2015: Interview in Frankfurt !approved!(changed from Sep 29 on Sep 11)

USA:

Sep 26, 2015: Visa in Hand

Oct 07, 2015: POE (MIA)

Nov 03, 2015: received SSN in mail

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Hey fellows!

Thank you guys so much for all your answers!!!

So I looked into Saylin's NVC process guide again... (It feels like I've read it about a 1000 times already but I recognize again that it can't be enough!)

What do you guys think about this, that I just found:

Step 9 - Review: Checklists and Case Complete

Avoiding Checklists

Here are a few common checklist items I see all the time:

-Use the correct numbers on the I-864/I-864EZ for past year's incomes. As it states RIGHT IN THE QUESTION, if you filed a 1040 (or 1040A), then use total income, and if you filed a 1040EZ, then use adjusted gross income. If you filed jointly, then make sure you use the combined income (since it doesn't separate the incomes) and then submit W2s to show individual income.

Well I really read the NVC Process wiki soooooo many times and I didn't pay attention to this when it finally got important....

So even if I wrote the amounts kinda wrong (commas / dots) will this be the key to success?! (Thank you NLR for mentioning this!)

Sounds pretty easy and if that is the proper way, it was absolutely a filling fault from applicant side...

But additionally: if this is the key would you guys recommend an additional "explanation letter" where I point out this situation that I've sent in the joint sponsor's W2s (to show his individual income that I want to use) and that I filled in the combined income because of the jointly filed 1040 tax return and tax return transcripts?

So in Part 6 item 13.a.1. to 13.c.1. I will correct all 3 years with the new amounts, even if they just wanted to correct the recent year?

And for Part 6 item 10 also the combined estimated income for the current year?

Also I'd use the right commas and dots in the combined income amounts right?

Thank you everybody for your opinions in advance!!!

Correct all 3 years.

Out of curiosity, is there a reason you don't want to include the wife on an I-864a?

This is one of those "in for a penny, in for a pound" type of things.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Correct all 3 years.

Out of curiosity, is there a reason you don't want to include the wife on an I-864a?

This is one of those "in for a penny, in for a pound" type of things.

Thank you NLR for your response!

If I would have to send in another I-864A for his wife now, it would cause even more collecting for me (paystubs, W2s, and all the documentation about this person,...). Moreover it would put another person into this "sponsor boat". More than 80,000 bucks should be fine from one person. And it wouldn't change the weird filling in rules that exist for this form! I would still need to put in the combined income in both forms (what stills makes no sense to me cos it refers to just one person lol)

So should I include an explanation letter? And in the form I-864, do I put in the cent zeros in the amount after the full dollars ( for ex. like $100,000.00 or just $100,000)?

And for Part 6 item 10 also the combined estimated income for the current year?

Thank you!


NVC: USCIS:

May 06, 2015: Scan Date AOS/IV package Jun 02, 2014: I-130 sent

Jun 05, 2015: Checklist for sponsor's AOS (wrong income amounts) Jun 04, 2014: NOA 1

Jun 10, 2015: received email of Checklist dated June 05, 2015 Nov 24, 2014: RFE

Jun 15, 2015: Checklist corrections mailed (took sooooo long due to post office strikes!) Dec 12, 2014: RFE sent

Jun 26, 2015: Scan Date Checklist Dec 16, 2014: NOA 2

Jul 22, 2015: Case Completed (CC email Jul 28, 2015) Jan 02, 2015: NVC received

CONSULATE:

Aug 25, 2015: P4 Interview Letter via email

Sep 08, 2015: Medical

Sep 17, 2015: Interview in Frankfurt !approved!(changed from Sep 29 on Sep 11)

USA:

Sep 26, 2015: Visa in Hand

Oct 07, 2015: POE (MIA)

Nov 03, 2015: received SSN in mail

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I don't anything combined income because if you do, then you have to include her and her income. Just pretend he's not in a household, even though she shows up on the household count.

include an explanation letter from the joint sponsor.

You don't need to include the cents.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I don't anything combined income because if you do, then you have to include her and her income. Just pretend he's not in a household, even though she shows up on the household count.

include an explanation letter from the joint sponsor.

You don't need to include the cents.

Ok, now I don't understand what this should mean... sorry...

What amounts should I use now?! You mean I should just use the amounts of the combined income as "just his own separate income" even this amount refers to 2 persons?

But still an eplanation letter that refers to his own W2s that have his amounts, but without mentioning the expression "combined income" in the explanation letter to avoid wanting them a I-864A right?

Thank you!


NVC: USCIS:

May 06, 2015: Scan Date AOS/IV package Jun 02, 2014: I-130 sent

Jun 05, 2015: Checklist for sponsor's AOS (wrong income amounts) Jun 04, 2014: NOA 1

Jun 10, 2015: received email of Checklist dated June 05, 2015 Nov 24, 2014: RFE

Jun 15, 2015: Checklist corrections mailed (took sooooo long due to post office strikes!) Dec 12, 2014: RFE sent

Jun 26, 2015: Scan Date Checklist Dec 16, 2014: NOA 2

Jul 22, 2015: Case Completed (CC email Jul 28, 2015) Jan 02, 2015: NVC received

CONSULATE:

Aug 25, 2015: P4 Interview Letter via email

Sep 08, 2015: Medical

Sep 17, 2015: Interview in Frankfurt !approved!(changed from Sep 29 on Sep 11)

USA:

Sep 26, 2015: Visa in Hand

Oct 07, 2015: POE (MIA)

Nov 03, 2015: received SSN in mail

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