I864: Proof of GROSS vs NET

[bobby_kvisa 7]

Ok, I just want to reconfirm a point that I have seen on this forum a few times. Even though the answer seems consistent amongst all VJers I want to ask it a different way.

It seems that if you are using ONLY the petitioner's income to satisfy the Affidavit of Support requirements, they will compare the petitioner's current income with the Poverty Line for that household size.

The question I have is whether they will use my GROSS income (income before Social Security, FICA and Medicare taxes) or my NET income (income after all taxes).

The more detailed or focused question I have is what document or form or website released by the USA government does it mention that they will explicitly use my GROSS income for purposes of sponsorship requirements of a Family Based Visa?

I am able to "glean" the answer by reading the I864 form (since it mentions AGI more than once) but still I want to see confirmation as plain as possible that they will use GROSS income, not NET.

Thanks !

Edited August 5, 2010 by bobby_kvisa

[rodceasar 34]

Question 24 states of EZ form:

c. Total Household Income:

$

Form I-864 (Rev. 10/18/07)Y Page 4

Poverty line for year _______________ is:

$

Household Size =

(Name)

(Total all lines from 24a and 24b. Will be Compared to Poverty Guidelines -- See Form I-864P.)

Also, Question 25 asks for:

My total income (adjusted gross income on IRS Form 1040EZ) as reported on myFederal tax returns for the most recent three years was:

Would suggest for question 25 to get the value directlly from the IRS Tax Transcript! Hope this helps!

Edited August 5, 2010 by rodceasar

[LotofPatience 65]

Ok, I just want to reconfirm a point that I have seen on this forum a few times. Even though the answer seems consistent amongst all VJers I want to ask it a different way.

It seems that if you are using ONLY the petitioner's income to satisfy the Affidavit of Support requirements, they will compare the petitioner's current income with the Poverty Line for that household size.

The question I have is whether they will use my GROSS income (income before Social Security, FICA and Medicare taxes) or my NET income (income after all taxes).

The more detailed or focused question I have is what document or form or website released by the USA government does it mention that they will explicitly use my GROSS income for purposes of sponsorship requirements of a Family Based Visa?

I am able to "glean" the answer by reading the I864 form (since it mentions AGI more than once) but still I want to see confirmation as plain as possible that they will use GROSS income, not NET.

Thanks !

Bobby,

Did you read the instruction of I-864 completely? It has clearly said that "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."

Now there is no question of Net Income. If you file your taxes using regular form (which is 1040), use the gross income.

Some people will use 1040EZ to file for their taxes. For them, AGI must be used as Annual individual income. AGI is Adjusted Gross Income which is NOT net income.

Loto