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Filed: Timeline

Hi guys,

My husband is an active duty in the military. As some of you might know that we are getting a basic house allowance every month and those money are non-taxable. Can I include that to calculate his current annual income? I am freaking out because if we include that, he is making enough to support us above the poverty line. But if not, he doesnt make enough.

On the W-2 for 2008, it is only including his base pay but not the housing money. So on the wages lines, it seems like he makes so little base of his regular pay. BUT we have a proof of his paystub AND the employment letter from the military that he is getting other support.

Can anybody PLEASE help me out????

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Filed: AOS (apr) Country: Philippines
Timeline

The instructions for the I-864 indicates:

If your claimed income includes alimony, child support, dividend or interest income,or income from any other source, you may also include evidence of that income.

YMMV

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Filed: Timeline
The instructions for the I-864 indicates:

If your claimed income includes alimony, child support, dividend or interest income,or income from any other source, you may also include evidence of that income.

Thanks for the reply! DOes that mean that we are ok?? His W-2 from 2008 doesnt show all the money that he makes and doesn't match to what I put for his current annual income BUT I include his paystub and a letter.

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Filed: AOS (apr) Country: Philippines
Timeline
What are you using as the threshold?

I am sorry but What does that mean?

100% of poverty level? 125% of poverty level?

YMMV

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Hi guys,

My husband is an active duty in the military. As some of you might know that we are getting a basic house allowance every month and those money are non-taxable. Can I include that to calculate his current annual income? I am freaking out because if we include that, he is making enough to support us above the poverty line. But if not, he doesnt make enough.

On the W-2 for 2008, it is only including his base pay but not the housing money. So on the wages lines, it seems like he makes so little base of his regular pay. BUT we have a proof of his paystub AND the employment letter from the military that he is getting other support.

Can anybody PLEASE help me out????

The BAH definitely counts as income, and you have the proof, so don't worry. I think you already know that his income only needs to meet the 100% of poverty level rather than 125%.

Thai Mom

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Filed: Timeline
Hi guys,

My husband is an active duty in the military. As some of you might know that we are getting a basic house allowance every month and those money are non-taxable. Can I include that to calculate his current annual income? I am freaking out because if we include that, he is making enough to support us above the poverty line. But if not, he doesnt make enough.

On the W-2 for 2008, it is only including his base pay but not the housing money. So on the wages lines, it seems like he makes so little base of his regular pay. BUT we have a proof of his paystub AND the employment letter from the military that he is getting other support.

Can anybody PLEASE help me out????

The BAH definitely counts as income, and you have the proof, so don't worry. I think you already know that his income only needs to meet the 100% of poverty level rather than 125%.

Thai Mom

Thanks thai mom. Do you think it is better to underestimate his current annual income than overestimate it???

Thanks again.

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Hi guys,

My husband is an active duty in the military. As some of you might know that we are getting a basic house allowance every month and those money are non-taxable. Can I include that to calculate his current annual income? I am freaking out because if we include that, he is making enough to support us above the poverty line. But if not, he doesnt make enough.

On the W-2 for 2008, it is only including his base pay but not the housing money. So on the wages lines, it seems like he makes so little base of his regular pay. BUT we have a proof of his paystub AND the employment letter from the military that he is getting other support.

Can anybody PLEASE help me out????

The BAH definitely counts as income, and you have the proof, so don't worry. I think you already know that his income only needs to meet the 100% of poverty level rather than 125%.

Thai Mom

Thanks thai mom. Do you think it is better to underestimate his current annual income than overestimate it???

Thanks again.

Just be as accurate and honest as you can. It's probably better to err on the side of underestimating. One thing they are looking for is honesty.

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Filed: Timeline
Hi guys,

My husband is an active duty in the military. As some of you might know that we are getting a basic house allowance every month and those money are non-taxable. Can I include that to calculate his current annual income? I am freaking out because if we include that, he is making enough to support us above the poverty line. But if not, he doesnt make enough.

On the W-2 for 2008, it is only including his base pay but not the housing money. So on the wages lines, it seems like he makes so little base of his regular pay. BUT we have a proof of his paystub AND the employment letter from the military that he is getting other support.

Can anybody PLEASE help me out????

The BAH definitely counts as income, and you have the proof, so don't worry. I think you already know that his income only needs to meet the 100% of poverty level rather than 125%.

Thai Mom

Thanks thai mom. Do you think it is better to underestimate his current annual income than overestimate it???

Thanks again.

Just be as accurate and honest as you can. It's probably better to err on the side of underestimating. One thing they are looking for is honesty.

What is so confusing is that...on his W-2 for 2008 on box 1 and 12 where it indicates his wages, and non-taxable incomes, I only added up to about $20,000 BUT when I added all his pay stubs and the proof from his employer, he makes over $40,000.

I am just not sure what to use. :(

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Filed: AOS (apr) Country: Japan
Timeline
What is so confusing is that...on his W-2 for 2008 on box 1 and 12 where it indicates his wages, and non-taxable incomes, I only added up to about $20,000 BUT when I added all his pay stubs and the proof from his employer, he makes over $40,000.

I am just not sure what to use. :(

Just a thought.

Can you reconcile the difference between $20,000 and $40,000? If you can explain the differences, I think you can use $40,000 as current annual income, but should explain how you come up with $40,000 and result of the reconciliation with W-2 in a separte sheet and attach it to I-864 along with all his pay stubs and the proof from his employer used to calculate $40,000.

Then, I would write down $40,000 to item 23 ("My current individual annual income") and put a hand written comment "please refer to the separate sheet attached to I-864 (as exhibit ___)."

For item 25 ("federal tax income return"), I would input $20,000 and write a hand written comment, "his total income for year 2008 was $40,000. Please refer to the separate sheet attached to I-864 (as exhibit ___)" next to it.

FYI- following is an excerpt from the instruction of I-864, and I would recommend to follow this guide in preparing the written explanation:

"If you need extra space to answer any item:

- Attach a separate sheet of paper (or more sheets if necessary);

- Write your name, U.S. Social Security number and the words "Form I-864" on the top right corner of the sheet;and

- Write the number and subject of each question for whichyou are providing additional information."

If the explanation will go on to multiple pages, I would date and sign each page.

His income might exceeds the poverty line, but if he has any assets, it might be safer to list them in in I-864 as well, just in case.

Edited by Mint518

AOS from H1B

[AOS Timeline of Dec.'08 Filers], [JV Thread for Dec.'08 AOS Filers]

12-17-08: I-130/I-485/I-765 sent to Chicago Lockbox via USPS

12-18-08: I-130/I-485/I-765 delivered

12-29-08: Received 3 NOAs (dated 12-24-2008)

12-29-08: Checks cashed

1-5-09: Received Biometric appt. notice (dated 12-30-2008)

1-20-09: Biometric done

2-17-09: Received interview appt. letter (dated 2-12-2009)

3-5-09: Received EAD (dated 2-28-2009)

4-6-09: AOS Intervew @NYC

4-13-09: Received welcome letter (dated 4-8-09)

4-18-09: Received GC (dated 4-13-08)

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You'll be fine - the military does it so it shows not a lot of wages but a lot of money in medical and social taxes. That all adds up to around $40.000 - they know what to look for at the interview. Don't worry.

ROC 2009
Naturalization 2010

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Filed: AOS (apr) Country: Zambia
Timeline
Hi guys,

My husband is an active duty in the military. As some of you might know that we are getting a basic house allowance every month and those money are non-taxable. Can I include that to calculate his current annual income? I am freaking out because if we include that, he is making enough to support us above the poverty line. But if not, he doesnt make enough.

On the W-2 for 2008, it is only including his base pay but not the housing money. So on the wages lines, it seems like he makes so little base of his regular pay. BUT we have a proof of his paystub AND the employment letter from the military that he is getting other support.

Can anybody PLEASE help me out????

The BAH definitely counts as income, and you have the proof, so don't worry. I think you already know that his income only needs to meet the 100% of poverty level rather than 125%.

Thai Mom

Thanks thai mom. Do you think it is better to underestimate his current annual income than overestimate it???

Thanks again.

Just be as accurate and honest as you can. It's probably better to err on the side of underestimating. One thing they are looking for is honesty.

What is so confusing is that...on his W-2 for 2008 on box 1 and 12 where it indicates his wages, and non-taxable incomes, I only added up to about $20,000 BUT when I added all his pay stubs and the proof from his employer, he makes over $40,000.

I am just not sure what to use. :(

At $20,000 you are OK. If you mention the housing allowance, the govt. already knows what that means. $20,000 is above the poverty level.

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Filed: Citizen (pnd) Country: Russia
Timeline
Hi guys,

My husband is an active duty in the military. As some of you might know that we are getting a basic house allowance every month and those money are non-taxable. Can I include that to calculate his current annual income? I am freaking out because if we include that, he is making enough to support us above the poverty line. But if not, he doesnt make enough.

On the W-2 for 2008, it is only including his base pay but not the housing money. So on the wages lines, it seems like he makes so little base of his regular pay. BUT we have a proof of his paystub AND the employment letter from the military that he is getting other support.

Can anybody PLEASE help me out????

The BAH definitely counts as income, and you have the proof, so don't worry. I think you already know that his income only needs to meet the 100% of poverty level rather than 125%.

Thai Mom

Thanks thai mom. Do you think it is better to underestimate his current annual income than overestimate it???

Thanks again.

Just be as accurate and honest as you can. It's probably better to err on the side of underestimating. One thing they are looking for is honesty.

What is so confusing is that...on his W-2 for 2008 on box 1 and 12 where it indicates his wages, and non-taxable incomes, I only added up to about $20,000 BUT when I added all his pay stubs and the proof from his employer, he makes over $40,000.

I am just not sure what to use. :(

At $20,000 you are OK. If you mention the housing allowance, the govt. already knows what that means. $20,000 is above the poverty level.

I agree. Thats how we did as well. So far so good.

Edited by tanyaru

02/14/2008 Valentine`s Day Wedding!

AOS

04/09/2008 I-130 sent to Chicago Lockbox

05/03/2008 call to USCIS because NOA1 not received ;( Got the receipt number and was told that we cannot get replacement NOA1.

08/21/2008 request for NOA1 for I-130 to file AOS placed over the phone and forwarded to VSC. Thanks to the first great Rep at USCIS hotline

10/17/2008 Hubby`s B-day, NOA1 for I-130 finally arrives!

10/21/2008 AOS sent to Chicago lockbox

10/31/2008 NOAs for AOS received

11/06/2008 I-130 is transferred to CSC

11/20/2008 biometrics done

12/02/2008 I-130 APPROVED!!!

01/02/2009 EAD received

02/12/2009 Interview APPROVED!!!

02/17/2009 welcome letter received

02/23/2009 GC received!!! yay!!!

RC

11/18/2010 I-751 Sent to VSC

11/22/2010 NOA1

01/07/2011 Early Bio

01/27/2011 Scheduled Bio

05/11/2011 RC approved

05/17/2011 GC received

Naturalization

11/14/2011 Sent package via Priority to Nebraska SC

11/25/2011 NOA made it

Relocated to NE

04/03/2012 Interview passed!!!

04/10/2012 Oath

04/10/2012 New prints required/done

04/14/2012 Received a welcome packet but still no certificate

04/17/2012 Certificate is here!!!!! Dated 04/16/2012 huh????

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