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Posted

I have a complicated situation and i need help understanding and clearing things up.

From April 2008 to November 2009 i was in the Philippines. I came back to the US on Nov 25 2009 and started working 2nd week of December. As noted on the IRS website, Publication 501, Table 1. (http://www.irs.gov/publications/p501/ar01.html#en_US_publink1000220674) “IF your filing status is SINGLE, and at the end of 2009 you were UNDER 65 YEARS OLD, then file a return if your gross income was AT LEAST $9,350.” Since my gross income for 2009 was under $9,350 I did not have to file a tax return for the year 2009. I understand would have to write a written explanation why i didnt file a tax return for 2009.

:help: :help: :help:

Now, I only work on call/per diem with my first job. I now have a 2nd job and i have only been with them for one month. when i submit the AOS package i'll probably have received my 3rd or 4th paycheck. My question is this, WHAT DO I USE FOR MY ANNUAL INCOME? last time i received a paycheck for my on call job was about a month ago. Do i use my full time job as my ANNUAL INCOME? since 2010 is about to end should i base my EXPECTED ANNUAL INCOME for the year 2011 or 2010? the dollar amount under the 125% poverty guideline, is the GROSS or NET PAY? it's very unclear to me so if someone can help explain it i'd greatly appreciate it :)

Married<3 August 20, 2010

Check out our wedding video :)

USCIS:

10-13-2010 I-130 sent

10-20-2010 NOA1 priority date (email & text)

10-25-2010 received NOA1 hardcopy

10-27-2010 service request submitted for expedite (hardship)

10-28-2010 received email to turn in supporting docs for expedite

11-02-2010 Faxed supporting docs for expedite

12-02-2010 CASE APPROVED!

12-07-2010 Received NOA2 hard copy

NOA1 to NOA2 - 43 DAYS

NVC:

12-09-2010 NVC receives case

12-10-2010 attained NVC case# & IIN. PAID AOS FEES. emailed request for expedite & choice of agent

12-13-2010 AOS PAID

12-16-2010 received email granting the expedite request

12-17-2010 NVC sent case to US Embassy in Manila. SIGN IN FAILED! CASE COMPLETE!

NVC - 8 DAYS

CONSULATE:

12-17-2010 Consulate receives case (electronically)

01-03-04-2011 Medical @ St. Luke PASSED

01-11-2011 Original interview that was rescheduled to:

01-27-2011 INTERVIEW- VISA APPROVED!

02-02-2011 Received Visa in the mail!

02-04-2011 CFO Seminar

02-09-2011 I arrived in the Philippines

02-16-2011 POE @SFO -<3

late february- received Green Card

03-15-2011 Received SSN

ROC eligible in November 2012

Posted (edited)

I have a complicated situation and i need help understanding and clearing things up.

From April 2008 to November 2009 i was in the Philippines. I came back to the US on Nov 25 2009 and started working 2nd week of December. As noted on the IRS website, Publication 501, Table 1. (http://www.irs.gov/p...blink1000220674) "IF your filing status is SINGLE, and at the end of 2009 you were UNDER 65 YEARS OLD, then file a return if your gross income was AT LEAST $9,350." Since my gross income for 2009 was under $9,350 I did not have to file a tax return for the year 2009. I understand would have to write a written explanation why i didnt file a tax return for 2009.

:help: :help: :help:

Now, I only work on call/per diem with my first job. I now have a 2nd job and i have only been with them for one month. when i submit the AOS package i'll probably have received my 3rd or 4th paycheck. My question is this, WHAT DO I USE FOR MY ANNUAL INCOME? last time i received a paycheck for my on call job was about a month ago. Do i use my full time job as my ANNUAL INCOME? since 2010 is about to end should i base my EXPECTED ANNUAL INCOME for the year 2011 or 2010? the dollar amount under the 125% poverty guideline, is the GROSS or NET PAY? it's very unclear to me so if someone can help explain it i'd greatly appreciate it :)

Use the expected income from the new job. Be sure you get an employment letter from your employer. Check the VJ wiki for the proper format of the employment letter. You should probably file the 2009 taxes just the get the small amount back that they withheld from your pay during those two weeks in December 2009. Otherwise you have to include a letter explaining why you didn't need to file. You may also want to include a letter of explanation as to why the 2009 income was so low(in the Philippines, etc.).

The poverty guidelines are for INCOME (from any source eligible source) before taxes, so that would be GROSS. The instructions for the I-864 goes into quite a bit of detail about what information they want.

You maybe want to consider looking for a co-sponsor in case the consulate doesn't consider you're projected income from your new job to stable/reliable.

Good luck,

George

Edited by George & Gina

11/15/10: I-130 package FEDEX'd to Chicago Lockbox

11/15/10: NSO Marriage and Birth Certificates available for pick-up at NSO

11/17/10: Receipt Date of I-130 petition at Chicago Lockbox

11/19/10: NSO Marriage Cert and Birth Cert (4x each) received by Gina in Philippines

11/19/10: CRBA package couriered to US Embassy in Manila

11/22/10: CRBA package/application including NSO BC & MC received by embassy

11/22/10: NOA1 Date

11/24/10: Electronic notification of receipt received from Chicago Lockbox

11/24/10: Embassy scheduled CRBA appointment for 12/21/2010

11/26/20: Check cashed

11/27/10: NOA1 Hardcopy received via USPS

12/21/10: Interview/Personal appearance at Manila Embassy for CRBA **approved**

01/03/11: CRBA and US Passport for daughter received by Gina via FEDEX

Posted (edited)

Use the expected income from the new job. Be sure you get an employment letter from your employer. Check the VJ wiki for the proper format of the employment letter. You should probably file the 2009 taxes just the get the small amount back that they withheld from your pay during those two weeks in December 2009. Otherwise you have to include a letter explaining why you didn't need to file. You may also want to include a letter of explanation as to why the 2009 income was so low(in the Philippines, etc.).

The poverty guidelines are for INCOME (from any source eligible source) before taxes, so that would be GROSS. The instructions for the I-864 goes into quite a bit of detail about what information they want.

You maybe want to consider looking for a co-sponsor in case the consulate doesn't consider you're projected income from your new job to stable/reliable.

Good luck,

George

ahhh George you are a life saver! :thumbs: that cleared up the confusion on my part.. if i understood correctly, the I-864A is for a co sponsor living in the same house hold right? say i use my brother, would his income and my income COMBINE to meet the poverty guideline or does his income and his income alone have to be above the poverty guideline.. thanks in advance :blush::)

Edited by jhilly143

Married<3 August 20, 2010

Check out our wedding video :)

USCIS:

10-13-2010 I-130 sent

10-20-2010 NOA1 priority date (email & text)

10-25-2010 received NOA1 hardcopy

10-27-2010 service request submitted for expedite (hardship)

10-28-2010 received email to turn in supporting docs for expedite

11-02-2010 Faxed supporting docs for expedite

12-02-2010 CASE APPROVED!

12-07-2010 Received NOA2 hard copy

NOA1 to NOA2 - 43 DAYS

NVC:

12-09-2010 NVC receives case

12-10-2010 attained NVC case# & IIN. PAID AOS FEES. emailed request for expedite & choice of agent

12-13-2010 AOS PAID

12-16-2010 received email granting the expedite request

12-17-2010 NVC sent case to US Embassy in Manila. SIGN IN FAILED! CASE COMPLETE!

NVC - 8 DAYS

CONSULATE:

12-17-2010 Consulate receives case (electronically)

01-03-04-2011 Medical @ St. Luke PASSED

01-11-2011 Original interview that was rescheduled to:

01-27-2011 INTERVIEW- VISA APPROVED!

02-02-2011 Received Visa in the mail!

02-04-2011 CFO Seminar

02-09-2011 I arrived in the Philippines

02-16-2011 POE @SFO -<3

late february- received Green Card

03-15-2011 Received SSN

ROC eligible in November 2012

 
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