I-864 Part 6 Q13 Help (New Form)

[malamaja 1]

Hi guys

I tried this in the regional section with little success.

The NVC finally processed our AOS and came back with 2 questions:

1) Item 13.a.1. The income you enter must match the total (gross) income reported on your most recent Federal income tax return.

We filled this out using the recommended Tax Return Transcripts. My husband (USC) has been working in Sydney for 7 years so all his income is foreign. We used the "Wages, saralies, tips, etc" line from the transcript. Which in my opinion is the total (gross) income. Both I and my husband called the NVC. They were quite friendly but not overly helpful as they cannot actually see the form we lodged. Both of the staff members we spoke to said that the "Wages, salaries, tips, etc" amounts are what is required. And they suggested we send the SAME form again. With no changes. I really don't want this to come back again. We're paying hefty FedEx charges every time because I don't trust Australia Post.

2) They want a copy of my (non-USC) Aussie tax return. We're using my income as evidence of support as well. My employment with my company will continue post my move to US. This is easy enough. I have a copy of the 2012 on-line tax lodgement and the ATO notice of assessment. I will send them both.

Did anyone else have any experience with something like this? Am I missing something, in particular with item 1.

[joemama5295 1]

Hi guys

I tried this in the regional section with little success.

The NVC finally processed our AOS and came back with 2 questions:

1) Item 13.a.1. The income you enter must match the total (gross) income reported on your most recent Federal income tax return.

We filled this out using the recommended Tax Return Transcripts. My husband (USC) has been working in Sydney for 7 years so all his income is foreign. We used the "Wages, saralies, tips, etc" line from the transcript. Which in my opinion is the total (gross) income. Both I and my husband called the NVC. They were quite friendly but not overly helpful as they cannot actually see the form we lodged. Both of the staff members we spoke to said that the "Wages, salaries, tips, etc" amounts are what is required. And they suggested we send the SAME form again. With no changes. I really don't want this to come back again. We're paying hefty FedEx charges every time because I don't trust Australia Post.

2) They want a copy of my (non-USC) Aussie tax return. We're using my income as evidence of support as well. My employment with my company will continue post my move to US. This is easy enough. I have a copy of the 2012 on-line tax lodgement and the ATO notice of assessment. I will send them both.

Did anyone else have any experience with something like this? Am I missing something, in particular with item 1.

I actually had the same issue because all my income was earned in South Korea for the last 3 years but did file 1040 and claimed those as foreign earned income. I was told by my lawyer that foreign earned income is fine because NVC only looks at the numbers listed on the forms that you send in.

However, after the AOS was reviewed, i was checklisted because my Item 13.a.1 was wrong. Since then, I was able to ask the supervisor to review the AOS form and he has specifically informed me that it doesn't matter what the tax transcripts says on the "wages, salaries, tips, etc" column. What NVC does is very black and white, you need to match the 7th row on the 2nd page of the tax transcript which means that the foreign earned income doesn't count as income unless you didn't take the foreign earned income exclusion.

Another thing i learned while talking with them is that previous 3 years of income doesn't matter as much on the NVC stage, you could have made $0 for the last 3 years as long as this year you'll meet the threshold. What NVC does is check if the form is correctly filled out and the current income will meet the demand, but the consulate will decide if your foreign income will be okay and will be counted.

So I had to readjust all my numbers to less than $100 each year because only income that counted was my 1099R income. However, due to the fact that I currently have a job in America my current annual income is higher than what is necessary. I also send in a joint-sponsor information because i didn't want it to get delayed again.

Well i hope this helps. Let me know if you have any other question. Keep me posted as how it worked out for you.

[KayDeeCee 4,892]

It does not ask for the information from your W-2, or the wages, salaries, tips amount. It asks for the total income amount from your tax returns. The total income is found on line 22 of the 1040 and usually on page 2 of the tax return transcript at the end of the 'Income' section. It is titled TOTAL INCOME. Example view of an IRS tax return transcript> http://www.docstoc.com/docs/28530567/Tax-Return-Transcript-This-Product-Contains-Sensitive-Taxpayer-Data-Request-Date-05-30

[malamaja 1]

Thank you so much for all your suggestions. We decided, based on most of your comments, to complete the question using "Total Income" from the second page of the transcript (line 8).

Fingers crossed that gets accepted. FedEx just picked it up so there is no going back now!

I will let you all know how it goes. If it gets accepted we will have our answer.

[LM9800 0]

How did you go submitting your "Total Income"? I'm only asking because I've had the same problem. I first sent in my I-864 stating my foreign earned income which they rejected, then I resent it with the Total Income which they also rejected. They have sent the case on to interview stage but I need to take in the amended form and want to give them what they want!!