I-864EZ eligibility (split topic)

[tubetwister 0]

I am preparing to file form I-864, I think I am eligible to use I-864ez, there is only one person on the I-130, I am going to use my State of California retirement as my sole source of income, but it is reported via a form 1099-R instead of a W-2, does this qualify? Or do I have to use I-864.

[Ryan H 3,821]

Post split from old and unrelated thread; please refrain from hijacking threads started by other members with questions about your own case or circumstances.

[j&ana 364]

Yes you can use the I-130 form. You can send a tax transcript in with the form. If you decide to send a copy of your tax return instead.Then, you will need to send a copy of your 1099-r with the return. With tax transcript it is not needed

[NikLR 13,232]

No it needs to be reported on a w2 as per the instructions. You need the I-864.

[j&ana 364]

If you are retire you do not get a W-2 form

If he gets a pension he will get a 1099-R form
For SS he will get a SSA-1099

The I-1864 ez income is base on w-2 earnings. Whether it is current income or retirement income

Per instruction 3

The income you are using to qualify for is based entirely on your salary or pension and is shown on one or more forms

W-2 provided by your employer (s) or former employer (s)

[j&ana 364]

The instructions for the I-864 ez is confusing, most forms are from the NVC.

If a retire person had to send a current W-2 form in with the I-864 ez form then no one will qualify as you do not receive a W-2 form when you are retire.

He could send in some past w-2 forms that he got before he retire.

[j&ana 364]

you should call the NVC to be sure .It seems like you are able to use the I-864 ez form

[NikLR 13,232]

retired people cannot use the I-864EZ.. it's as simple as that.

[j&ana 364]

Then why does the instructions say base on earn or retirement income. I will found the answer out Tuesday. I am calling about my invoice fee and DS-260 and I will ask them about this.

[NikLR 13,232]

Then why does the instructions say base on earn or retirement income. I will found the answer out Tuesday. I am calling about my invoice fee and DS-260 and I will ask them about this.

If it's not a W2 it doesn't count towards being able to use the I-864EZ. You simply use an I-864. It's not that difficult to understand. You MUST meet all 3 requirements.

Edited February 15, 2015 by NLR

[j&ana 364]

you have it wrong It is Current Or retirement earning Base on W-2 earnings ( w-2 earnings means thru regular employment, current or retire that is what the W-2 is implying in the instructions)

When some one refers to W-2 earnings they are referring to a regular job past or present.

Retirement income will never be reported on a W-2 form

Edited February 15, 2015 by j&ana

[NikLR 13,232]

I don't have it wrong, you're misinterpreting what I am saying and then saying the same thing I am, but in a different manner.

The income must be reported on a W2 form to be valid for use with the I-864EZ. If retirement income is never reported on a W-2 form (as per your statement) then retirement income is therefore not usable with the I-864EZ and the petitioner must then use an I-864.

You can use a variety of incomes with the I-864ez but you must meet the poverty guidelines with a W2 form only.

[j&ana 364]

my point is if you are retire. you will not get a w-2 form now.That form is only issue thru employment. So the instructions are contradicting.when it say current or retirement income reported on W-2.Unless it means base on income that is or was reported on W-2 form

[j&ana 364]

After calling the NVC about my case. I ask about this, as I wanted to know why they required w-2, if some one is retire. It seems that you are able to use the I-864EZ form. I was told that the instructions uses the W-2 as a general word in the instructions. and not everyone will have a w-2 form. you can use your retirement income if the past employment income was reported on w-2 forms while working. If retire you will use the 1099-r form instead of the w-2 form. Unless you send in tax transcript then only the transcript is needed