U.S.Embassy Consolate required Form I864 from Joint Sponsor

[2011 0]

My fiance recently went for the interview at the U.S. Embassy in Manila. The interview went well. However, the consulate officer gave her a request for more documents. This will serve as a reminder for those of you that have a previous annulled marriage in the Philippines. You will probably be required to provide a NBI background check for your current maiden name as well as your AKA previously married name. This will save you a trip back to NBI and an additional waiting period.

The other thing is that my income was determined to be insufficient because I did not meet the 125% requirement on the form %I134. Actually it says 100% but I guess it is now 125% depending who reviewed the form and their interpretation. It doesn't really matter because you will be required to meet the 125% threshold anyway for adjustment of status so try to be prepared. My problem was that my income was less than the 125% mark because I stayed in the Philippines for an extensive time last year to get to know my fiance better. Thus causing a lower annual income for me. However,I now have a job that exceeds the 125% annual requirement and I even provided a letter from my employer that stated such. I'm not sure it was actually looked at before the form was filled out ordering I find a joint sponsor.

The above was for your reading and planning. Now I need help if anyone has any experience in this area. My family member here in the U.S.A. is willing to submit form I 864 to sponsor my fiance and her minor child. The sponsor has an annual income that is somewhat confusing to me as it appears on their IRS form 1040 . They have a U.S. Government pension that meets the acceptable 125% threshold. However it is listed on IRS form 1040 line 16A pensions and annuities but if you go further to the right hand column it shows a taxable amount which is lower and falls below the 125% threshold.

1. Does anyone know which line the government will accept as income for Form I 864? IRS Form 1040 line 16A (pension) or the far right hand column which shows the taxable amount of the pension? IRS form 1040 line 22 is the total taxable income which in this case falls just below the 125% threshold.

2. Does anyone know if social security payments received are allowed as income. I am talking about social security being received by a sponsor because they lived long enough reach the age to receive it.

If you add the social security and the pension base amounts, they both surpass the 125% requirement. However if you go by the total taxable income in IRS form 1040 line 22, the sponsor falls short a little.

Any suggestions?

3. Also, does anyone have an actual telephone number of someone to call that reviews the Form I 864 who can tell me the answer from the governments viewpoint.

Thank you.

[dirtsquirter 7]

Not sure about the numbers on your joint sponsor's form, but I can suggest you both fill out a I-864A also, this was an RFE for us, so it may just save you some time. I am a CR-1, and yours is a K visa, so I am not sure it will apply, but better to have it in your ammunition in case you need it. Good Luck

[Tim/Mav 305]

Your post makes good enough sense to figure out. I don't know the answers.

My assuption is: You interviewed using 2010 Tax Returns and knew they were below Poverty Lines so you got a Co-Sponsor. You also indicate your currant employment surpasses those guildlines of 125% but you are unsure if they looked at it.

You indicated: Is Social Security Benefits Taxable.? http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/493/~/paying-income-tax-on-social-security-benefits Not many people make more than $25,000.00 on Social Security and I believe only Taxable after $25,000.00 But its on a Link and I'm not a tax preparer.

Pensions and Annuities are Taxable.

If you are Over the Income Requirements and have a letter from your Employer as stated. They are giving you a hard time.

As far as who to Call. I don't know but I would reinforce your currant income again and see if the Tax preparer calculated the Co-Sponsors W-2 correctly.