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Affidavit of Support when taxes filed jointly.

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Filed: IR-1/CR-1 Visa Country: Germany
Timeline

I'm preparing the Affidavit of Support at the moment and am unsure what to enter in the fields asking about previous years' income.

I'm the beneficiary, was a full time student in 2013 and not employed.

I had income through interest of my savings though.
I filed taxes jointly (with my wife) that year, after applying for an ITIN and put my income through interest in the tax return as well.

Since we filed the 1040EZ, I am supposed to put the adjusted gross income as her income of 2013 in the AOS, which would also include my (interest) income.
Can that be?

I'm just unsure because that would be our combined income and not the income she is qualified to sponsor me with.

Thanks in advance! :)


CR-1 Visa

10/03/2013: Marriage

04/21/2014: received NOA1 --> Routed to Nebraska Service Center

10/06/2014: NOA2

10/17/2014: Shipped from USCIS to NVC.

11/04/2014: NVC received case

12/01/2014: Case number & Invoice ID assigned

12/01/2014: Submitted DS-261

12/02/2014: Paid AOS fee

12/08/2014: Sent AOS & IV Documents

12/11/2014: IV/AOS Scan Date

12/24/2014: Paid IV fee

12/30/2014: Submitted DS-260

02/05/2015: Case Complete (Yay!!!)

02/10/2015: Medical in Munich

02/12/2015: Received Case Complete email

02/13/2015: Received Interview email

03/12/2015: Interview (Approved :D )

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Yes the petitioner's income should be the AGI.

Your income should have been excluded with a form 2555.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Germany
Timeline

Yes the petitioner's income should be the AGI.

Your income should have been excluded with a form 2555.

Thanks for the reply.

I know that I taxed my interest twice by not using the foreign income exclusion, but I did not read anywhere that I'm required to file for it.


CR-1 Visa

10/03/2013: Marriage

04/21/2014: received NOA1 --> Routed to Nebraska Service Center

10/06/2014: NOA2

10/17/2014: Shipped from USCIS to NVC.

11/04/2014: NVC received case

12/01/2014: Case number & Invoice ID assigned

12/01/2014: Submitted DS-261

12/02/2014: Paid AOS fee

12/08/2014: Sent AOS & IV Documents

12/11/2014: IV/AOS Scan Date

12/24/2014: Paid IV fee

12/30/2014: Submitted DS-260

02/05/2015: Case Complete (Yay!!!)

02/10/2015: Medical in Munich

02/12/2015: Received Case Complete email

02/13/2015: Received Interview email

03/12/2015: Interview (Approved :D )

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Thanks for the reply.

I know that I taxed my interest twice by not using the foreign income exclusion, but I did not read anywhere that I'm required to file for it.

This issue is now that you have to include either the entire tax return or at the very least w2s to prove the petitioner's income. Just more work now. Only do the petitioner's income.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Germany
Timeline

This issue is now that you have to include either the entire tax return or at the very least w2s to prove the petitioner's income. Just more work now. Only do the petitioner's income.

So that means I put our combined AGI of 2013 in field 13a and add: Wage & Income Transcript, Tax Return Transcript, Account Transcript, and Record of Account Transcript?

Or should I put only her income according to her W2s in field 13a? With this solution, I would be worried about a RFE though, because the tax return itself does not indicate it is the interest of MY savings, so by just looking at the return, it could be her interest as well.


CR-1 Visa

10/03/2013: Marriage

04/21/2014: received NOA1 --> Routed to Nebraska Service Center

10/06/2014: NOA2

10/17/2014: Shipped from USCIS to NVC.

11/04/2014: NVC received case

12/01/2014: Case number & Invoice ID assigned

12/01/2014: Submitted DS-261

12/02/2014: Paid AOS fee

12/08/2014: Sent AOS & IV Documents

12/11/2014: IV/AOS Scan Date

12/24/2014: Paid IV fee

12/30/2014: Submitted DS-260

02/05/2015: Case Complete (Yay!!!)

02/10/2015: Medical in Munich

02/12/2015: Received Case Complete email

02/13/2015: Received Interview email

03/12/2015: Interview (Approved :D )

Share this post


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So that means I put our combined AGI of 2013 in field 13a and add: Wage & Income Transcript, Tax Return Transcript, Account Transcript, and Record of Account Transcript?

Or should I put only her income according to her W2s in field 13a? With this solution, I would be worried about a RFE though, because the tax return itself does not indicate it is the interest of MY savings, so by just looking at the return, it could be her interest as well.

Only her adjusted gross income. If you want you can include an I-864a if your interest income will continue in the USA for a household agi.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Germany
Timeline

Only her adjusted gross income. If you want you can include an I-864a if your interest income will continue in the USA for a household agi.

Sorry for asking again, but I really don't want to make a mistake on the AOS.

Since my wife only had income through salaries, I am not using the AGI of the 2013 tax return to answer this question:

"My total income (adjusted gross income on IRS form 1040EZ) as reported on my Federal tax returns for the most recent 3 years was:"

But use only her AGI even though the AGI mentioned on the return is the combined.

Do I have to include a statement where I (the beneficiary) declare the interest income is mine and therefore will not be used as the sponsor's AGI of 2013?

Because if I don't include an explanation, how would they know it's my interest and not her's?!


CR-1 Visa

10/03/2013: Marriage

04/21/2014: received NOA1 --> Routed to Nebraska Service Center

10/06/2014: NOA2

10/17/2014: Shipped from USCIS to NVC.

11/04/2014: NVC received case

12/01/2014: Case number & Invoice ID assigned

12/01/2014: Submitted DS-261

12/02/2014: Paid AOS fee

12/08/2014: Sent AOS & IV Documents

12/11/2014: IV/AOS Scan Date

12/24/2014: Paid IV fee

12/30/2014: Submitted DS-260

02/05/2015: Case Complete (Yay!!!)

02/10/2015: Medical in Munich

02/12/2015: Received Case Complete email

02/13/2015: Received Interview email

03/12/2015: Interview (Approved :D )

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her W2 will state her adjusted gross income. You will have to include the entire return (1040ez, w2, all schedules etc..) or her W2 and the tax return transcript and hope for the best. Or you submit an I-864a if your income will continue


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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