I-864 Part 6, item 13.a.1

[davidhutchins654 1]

Hi all, I have some confusion from this form. On the I-864, under part 6, it reads, "My total income(adjusted gross income on the IRS Form 1040EZ) as reported on my Federal tax returns for the most recent 3 years was:"

We filed 1040A for 2014. Why would they use the AGI for 1040EZ and not the 1040 and 1040A? What line or figure do I use? It says total income if is isn't the 1040EZ. Please help. RFE was sent saying my 13.a.1 was incorrect.

[newacct 688]

You use the "total income" for all.

On 1040EZ, "total income" is exactly the same as "adjusted gross income" (since above-the-line deductions are not allowed on 1040EZ), and the line is only labeled as "adjusted gross income", so that's why they say use adjusted gross income for 1040EZ.

[davidhutchins654 1]

Wow, thank you. Why is not Social Security income not included? My sponsor's income, pension and social security is more than enough, but without social security it will fall below the poverty guidelines.

Do they use that item 13.a.1 to determine if we meet Federal poverty line x 1.25?

On 1040A, what line do I use then?

Edited July 27, 2015 by davidhutchins654

[davidhutchins654 1]

Okay, so I did some careful reading along with my aunt (joint sponsor) plus a lot of digging. Surprisingly, the official I-864 instructions say nothing at all about item 13. I think the amount they use is on line 21 of the 1040A. My aunt's total income is 31,000+, but without Social security it falls below the Federal poverty line. I think I can use my income for 2015 and include paystubs and a letter from my employer. I didn't start this job until October 2014 so last year's income for me isn't enough. Can someone shed some light regarding these issues? Thank you.

[KayDeeCee 4,891]

Line 22 of a 1040 form is the Total Income line, or line 15 of a 1040A.

The tax info listed in Part 6 #13 is separate from current annual income(Part 6 #5). The current annual income does not have to match the income from the last tax return. That is your past year's income. Just take all the incomes and combine them. Use that amount and provide all the documents to prove the current income amount, such as letter from employer and/or recent pay stubs plus a pension benefits letter to prove the incomes. It also can help to provide bank statements to show how much income is deposited each month, especially when any of the income is non-taxable.

~ Moved from Tax & Finances During Immigration to IR-1/CR-1 Process - topic is I-864 for spousal visa ~

[davidhutchins654 1]

Line 22 of a 1040 form is the Total Income line, or line 15 of a 1040A.

The tax info listed in Part 6 #13 is separate from current annual income(Part 6 #5). The current annual income does not have to match the income from the last tax return. That is your past year's income. Just take all the incomes and combine them. Use that amount and provide all the documents to prove the current income amount, such as letter from employer and/or recent pay stubs plus a pension benefits letter to prove the incomes. It also can help to provide bank statements to show how much income is deposited each month, especially when any of the income is non-taxable.

~ Moved from Tax & Finances During Immigration to IR-1/CR-1 Process - topic is I-864 for spousal visa ~

t

Thank you very much for taking the time to respond. We have already sent all the documents, copies, etc. NVC comes back saying 13.a.1 is incorrect. I get that. We entered the total income, including her Social Security. So line 15 on the 1040A is the income that doesn't include her untaxed social security. So her actual income is over twice of the amount that is listed on line 15.

According to the instructions, "...the line for gross (total) income on IRS forms 1040 and 1040A will be considered for determining income." So to me that means when determining if we meet the poverty guidelines, NVC won't take her income from social security into account because it isn't on that line. Am I missing something? Why would the NVC not use social security as income? Anyone know?

[newacct 688]

t

Thank you very much for taking the time to respond. We have already sent all the documents, copies, etc. NVC comes back saying 13.a.1 is incorrect. I get that. We entered the total income, including her Social Security. So line 15 on the 1040A is the income that doesn't include her untaxed social security. So her actual income is over twice of the amount that is listed on line 15.

According to the instructions, "...the line for gross (total) income on IRS forms 1040 and 1040A will be considered for determining income." So to me that means when determining if we meet the poverty guidelines, NVC won't take her income from social security into account because it isn't on that line. Am I missing something? Why would the NVC not use social security as income? Anyone know?

Again, the thing that needs to meet 125% poverty level is the current income. Not any line from any year's tax returns.

[KayDeeCee 4,891]

t

Thank you very much for taking the time to respond. We have already sent all the documents, copies, etc. NVC comes back saying 13.a.1 is incorrect. I get that. We entered the total income, including her Social Security. So line 15 on the 1040A is the income that doesn't include her untaxed social security. So her actual income is over twice of the amount that is listed on line 15.

According to the instructions, "...the line for gross (total) income on IRS forms 1040 and 1040A will be considered for determining income." So to me that means when determining if we meet the poverty guidelines, NVC won't take her income from social security into account because it isn't on that line. Am I missing something? Why would the NVC not use social security as income? Anyone know?

They want the correct Total Income amount from the last 3 years of taxes. That info is not where you list your current annual income.

The tax info listed in Part 6 #13 is separate from current annual income(Part 6 #5). The current annual income does not have to match the income from the last tax return. That is your past year's income. Just take all the incomes and combine them. Use that amount for current annual income(Part 6 #5) and provide all the documents to prove the current income amount, such as letter from employer and/or recent pay stubs plus a pension benefits letter to prove the incomes. It also can help to provide bank statements to show how much income is deposited each month, especially when any of the income is non-taxable.

[davidhutchins654 1]

Alright, I will submit a new i864 with the corrections on them. I seem to be worried about nothing then. Thank you both for the assistance.