USCIS letter says petitioner doesn't meet poverty guideline?

[dguingao 0]

is the income in the list depicted as income in a year? For example, a household of 2 should have a total income of $18,000 a year?

I am asking this because I received a letter from USCIS that says :

The petitioner's income on the FEDERAL income taxreturn does not meet or exceed 125% of the poverty guideline. When he's income a year is $39,000

Please help.

[trailmix 77]

is the income in the list depicted as income in a year? For example, a household of 2 should have a total income of $18,000 a year?

I am asking this because I received a letter from USCIS that says :

The petitioner's income on the FEDERAL income taxreturn does not meet or exceed 125% of the poverty guideline. When he's income a year is $39,000

Please help.

Hi dguingao,

This is probably better posted in the CR1/IR1 forum, rather than immigration news, but yes, the income required for a household of 2 is $ 18,212.00

I assume this letter was from the National Visa Center and not USCIS and I also assume that you are filing for a CR1 or IR1 - or are you adjusting status?

Anyway, there are a few possibilities here. The person at the center did not see your supporting documents, you filled out the form wrong or you did not send the correct supporting documents.

[christeen 966]

Did you send in the letter of employment and pay stubs that show how much your spouse gets paid? If the income exceeds the amount, I would contact NVC and verify what documents they need and send them.

[pushbrk 12,092]

is the income in the list depicted as income in a year? For example, a household of 2 should have a total income of $18,000 a year?

I am asking this because I received a letter from USCIS that says :

The petitioner's income on the FEDERAL income taxreturn does not meet or exceed 125% of the poverty guideline. When he's income a year is $39,000

Please help.

The number they look at on the Federal income tax return is line 22 of the 1040. His "current" income may be more or less than that but they are speaking only of line 22 on the most current return.

[~Johnny~ 27]

The number they look at on the Federal income tax return is line 22 of the 1040. His "current" income may be more or less than that but they are speaking only of line 22 on the most current return.

Just a question: Would you know if that line 22 is AGI (adjusted gross income) used in the tax transcripts? My AGI way over poverty levels, but I loose about $20K from AGI to total gross earned.

[pushbrk 12,092]

Just a question: Would you know if that line 22 is AGI (adjusted gross income) used in the tax transcripts? My AGI way over poverty levels, but I loose about $20K from AGI to total gross earned.

Line 22 equals "total income" on the transcript, just as it is titled total income on the 1040.

[~Johnny~ 27]

Line 22 equals "total income" on the transcript, just as it is titled total income on the 1040.

I am 100% sure that my tax transcript is NOT total income and would more than happy to show you W2s and past earnings statements vs tax transcript. The Tax transcript number is about $20 K less than my total salary income number from my W2s and from my paychecks. Tax transcript (I am reading right now) says "Adjusted Gross Income"....then next line is "Taxable income"...the AGI on my Tax Transcript is nearly $20K less than my Total Gross Income.

Tax Transcript uses line 37 which is actually AGI...I just check on IRS site.

Edited March 12, 2010 by ~Johnny~

[pushbrk 12,092]

I am 100% sure that my tax transcript is NOT total income and would more than happy to show you W2s and past earnings statements vs tax transcript. The Tax transcript number is about $20 K less than my total salary income number from my W2s and from my paychecks. Tax transcript (I am reading right now) says "Adjusted Gross Income"....then next line is "Taxable income"...the AGI on my Tax Transcript is nearly $20K less than my Total Gross Income.

Tax Transcript uses line 37 which is actually AGI...I just check on IRS site.

Well, this is what I did and suggest you do. Compare line 22 on your actual 1040 to the line titled total income on your transcript and see if the number isn't the same. I think you'll find that it is. Don't confuse "revenue" or anything else with "total income". There's a line on both the 1040 and the transcript called "total income" and on my tax returns and transcripts they match.

For an I-864, you use total income for the three tax years asked for. The recent tax year figure may or may not be the right number for "current income" for employed people but it SHOULD BE for self-employed.

Edited March 12, 2010 by pushbrk

[pushbrk 12,092]

Well, this is what I did and suggest you do. Compare line 22 on your actual 1040 to the line titled total income on your transcript and see if the number isn't the same. I think you'll find that it is. Don't confuse "revenue" or anything else with "total income". There's a line on both the 1040 and the transcript called "total income" and on my tax returns and transcripts they match.

For an I-864, you use total income for the three tax years asked for. The recent tax year figure may or may not be the right number for "current income" for employed people but it SHOULD BE for self-employed.

One place people get in trouble qualifying to sponsor would be a person with a $100k salary that took a big investment or other loss that reduced line 22 below the poverty line. If they state their salary, NVC will take note of the discrepancy. That does NOT mean the Consulate will deem them unqualified though. The same notice will be sent when income is low but plenty of liquid assets are documented.

[~Johnny~ 27]

Well, this is what I did and suggest you do. Compare line 22 on your actual 1040 to the line titled total income on your transcript and see if the number isn't the same. I think you'll find that it is. Don't confuse "revenue" or anything else with "total income". There's a line on both the 1040 and the transcript called "total income" and on my tax returns and transcripts they match.

For an I-864, you use total income for the three tax years asked for. The recent tax year figure may or may not be the right number for "current income" for employed people but it SHOULD BE for self-employed.

I'm not confusing it at all. This isn't rocket science. My tax transcripts, all for the last 3 years, do not have Total income from lines 22 of the 1040. My Tax transcripts are using line Line 37 on the 1040 which is AGI. Not sure why they chose AGI, but I'm looking at em right now... For me, since I have a much higher income than the average Joe, the AGI minus $20K is not an issue in meeting the guidelines. But at this point, I am still deciding whether to even use my transcripts, since I have past check stubs, W2s, 1040s for the past 3 yrs, letter from employer, etc., that all state my true "total income."

The main point I was getting at was that if I were making say, a salary that was near the 125% mark in total income, and the IRS sends me a transcript with the lower AGI numbers (like they did to me), hows the CO to know if I'm making below poverty or not? I would have to explain the whole business of deductions, and total income and have proof that I actually made more than the tax transcript is stating.

Edited March 12, 2010 by ~Johnny~

[pushbrk 12,092]

I'm not confusing it at all. This isn't rocket science. My tax transcripts, all for the last 3 years, do not have Total income from lines 22 of the 1040. My Tax transcripts are using line Line 37 on the 1040 which is AGI. Not sure why they chose AGI, but I'm looking at em right now... For me, since I have a much higher income than the average Joe, the AGI minus $20K is not an issue in meeting the guidelines. But at this point, I am still deciding whether to even use my transcripts, since I have past check stubs, W2s, 1040s for the past 3 yrs, letter from employer, etc., that all state my true "total income."

The main point I was getting at was that if I were making say, a salary that was near the 125% mark in total income, and the IRS sends me a transcript with the lower AGI numbers (like they did to me), hows the CO to know if I'm making below poverty or not? I would have to explain the whole business of deductions, and total income and have proof that I actually made more than the tax transcript is stating.

The Consular officer will look for the line titled "total income" on your transcript. What you're failing to do is look for that line and see that it matches line 22.

Tax transcripts don't "use" anything. They simply show all the relevant line items. The line item that matches line 22 on the 1040 form says "Total Income". Find it, look at it and compare it to line 22. Yes, AGI will match line 37 but that's not the line the Consular officer is looking for.

Edited March 12, 2010 by pushbrk

[~Johnny~ 27]

The Consular officer will look for the line titled "total income" on your transcript. What you're failing to do is look for that line and see that it matches line 22.

Tax transcripts don't "use" anything. They simply show all the relevant line items. The line item that matches line 22 on the 1040 form says "Total Income". Find it, look at it and compare it to line 22. Yes, AGI will match line 37 but that's not the line the Consular officer is looking for.

You are just some kind of "Mr Know it ALL" aren't you??? You think I can't look on a frickin form and find "Total Income"??? Geez sorry.... we aren't so "intelligent" as you!!! I've been reading VJ for over a year and YOU seem to ALWAYS think you have the answer for EVERY thing....even when IT"S WRONG!! Just because YOUR transcript has Total Income doesn't mean EVERYONE's has it.....did that EVER cross you mind?? NO...instantly, you think your right and I must not be able to read!!! You wonder why this response seems terse..it's because I don't appreciate someone "talking down" to me like I can't read English on a form. And I know quite a bit about taxes, yet I have to hear from you telling me I can't read and I must NOT be looking at the right numbers!! If I can, I 'll scan this in and post, JUST for you!!

LET ME REPEAT...MY TRANSCRIPTS DO NOT HAVE TOTAL INCOME!! AND YES I DO KNOW HOW TO READ!!

[~Johnny~ 27]

Here ya go! I bet the words "I was wrong" are not in your vocabulary!

http://www.visajourney.com/gallery/display...=3550&pos=0

[VanessaTony 3,567]

Here ya go! I bet the words "I was wrong" are not in your vocabulary!

http://www.visajourney.com/gallery/display...=3550&pos=0

Here: http://www.uscis.gov/files/form/i-864.pdf page 8, second column it says: "For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ,the line for adjusted gross income will be considered."

So it's not really Push that's saying it.. the 864 says it's supposed to say "gross total" but I can't see it on your form either...

this form: http://www.accuverify.com/sample.pdf is the Tax Transcript, and you can see on page 2 it says "total income". Your form is the account transcript. When you request a tax transcript it'll look like the link I just posted.

Here's the "blank" account transcript like yours: http://accuverify.com/Account%20Transcript.pdf

**Edit - This is the IRS form to request the IRS transcript: http://www.irs.gov/pub/irs-pdf/f4506t.pdf and you can see that account transcript and tax transcript are two different things.

**Second edit - it's not your fault you didn't realise you were looking at the wrong form. Perhaps we should add the above examples to show which form is really needed.

Edited March 13, 2010 by Vanessa&Tony

[~Johnny~ 27]

Here: http://www.uscis.gov/files/form/i-864.pdf page 8, second column it says: "For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ,the line for adjusted gross income will be considered."

So it's not really Push that's saying it.. the 864 says it's supposed to say "gross total" but I can't see it on your form either...

this form: http://www.accuverify.com/sample.pdf is the Tax Transcript, and you can see on page 2 it says "total income". Your form is the account transcript. When you request a tax transcript it'll look like the link I just posted.

Here's the "blank" account transcript like yours: http://accuverify.com/Account%20Transcript.pdf

Well..I requsted tax transcripts, that's what they sent. There were only two options given and I selected both. Also, I'm doing I-134 at the moment, not 864 (this will be later for me). My point was that, I mentioned several times that Total Income was not on the transcript that I received and was told I'm reading it wrong or basically I must be blind. I love VJ and have learned tons here, but I don't enjoy being treated like a child that can't read.