Updating the I-864 when we filed jointly for 2014

[mlh 93]

So we called today and found out my husband's interview is scheduled for July 1. (YAY!!!) We filed all of the paperwork with the NVC back in January, but the NVC guy said that we have to update the I-864 to include my 2014 taxes.

I thought that we didn't have to update since we filed before April 15, but better to be safe than sorry, I'm working on a new one now, which leads to my question... So it was much better for taxes that I filed my US taxes as Married Filing Jointly for 2014, so we got the ITIN and sent in the letter declaring our intent, but this means that my hubby's income is included in the Total Income line on the 1040.

I know the form is supposed to be based on my income to support him in the US if something happened, so what do I put on the I-864 form? Just my income based on my W-2, or the full amount including his, and they can view the full tax return with forms 1116, etc showing his income coming back out?

Thanks for the help!

[Nich-Nick 3,353]

London is not nearly as fussy as the NVC. However if you do a new I -864, put your income on the form where it says "I am employed as.... And my total income is......

Don't add husbands name as family member (person 1)

Total household income is same as your individual income.

On 13.abc (tax return section) Copy the number from Line 22 of the 1040, Even if it includes his reported income. That section is asking for a number from your tax return, not your wages or any adjustment.

Send your proofs of income like employer letter, your W2, or paystubs to the interview with him if not already in the file from NVC.

Edited June 12, 2015 by Nich-Nick

[mlh 93]

Thanks Nich-Nick! I hadn't changed anything else, just threw me on the tax return section since his income is included with mine now for that fun exercise.

[Nich-Nick 3,353]

Thanks Nich-Nick! I hadn't changed anything else, just threw me on the tax return section since his income is included with mine now for that fun exercise.

They aren't necessarily going by 13a to see if you qualify. It is just putting your tax return info in for them. I took those lines at exactly what they said...what is the Total Income (line 22) on your tax return? In my case the third one was a joint return with my former husband (deceased) and a lot more income than I was reporting on part 6 #5. That was my tax return, albeit joint, so I copied the number and no complaints aka RFE.

The beauty of interviewing is he will be there in person to explain anything they might ask about. I bet they don't even discuss it.

Actually, now that I'm thinking about it, line 21 on the tax form 1040 is a negative number subtracting out his UK income exclusion, so Line 22 Total Income is only your income anyway. Right? We were both over-thinking this.

[mlh 93]

I'm sure it won't even come up, I'm just being paranoid about delaying the process anymore after the nightmare of the supposedly "incorrect" UK Divorce Decree Absolute.

My 1040 line 22 actually includes his income still. Based on the amount he made in the UK, I had to do Form 1116 for the Foreign Tax Credits and Form 6251 for the Alternative Minimum Tax to get the income number down for a refund instead of owing some ridiculous amount. I'll include the copy of the tax return and they can play accountant if it's not to their liking.

Thanks again!

[Nich-Nick 3,353]

I'm sure it won't even come up, I'm just being paranoid about delaying the process anymore after the nightmare of the supposedly "incorrect" UK Divorce Decree Absolute.

My 1040 line 22 actually includes his income still. Based on the amount he made in the UK, I had to do Form 1116 for the Foreign Tax Credits and Form 6251 for the Alternative Minimum Tax to get the income number down for a refund instead of owing some ridiculous amount. I'll include the copy of the tax return and they can play accountant if it's not to their liking.

Thanks again!

Okay. Most do Form 2555EZ Foreign Income Exclusion which subtracts the foreign income back out on Line 21. That's what I was thinking. Your way works too. Whatever comes out least taxing.