help! I-864 problem with part 6 item 13.a.1. (married filing jointly)

[mister007 3]

Hi visajourney members!

Yesterday we received a checklist for our joint sponsor AOS form I-864. The problem is, we have no idea whats actually wrong with it!

Weve got the checklist for the following part:

[x] In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Items 13.a.1. The income you enter must match the total (gross) income reported on your most recent Federal income tax return. If you filed Form 1040EZ, use the adjusted gross income instead.

Important to know: Our joint sponsor files taxes jointly together with his wife (married filing jointly)!

We sent in these documents of our joint sponsor:

- IRS tax return transcript of 2012 (married filing jointly combined adjusted gross income: $175762,00)

- IRS tax return transcript of 2013 (married filing jointly combined adjusted gross income: $158848,00)

- Form 1040 tax return of 2014 (married filing jointly combined adjusted gross income: $129339,00)

and to make clear that we only want to use his income on his individual W2s:

- W2 of 2012 (just the joint sponsors adjusted gross income (line 1 of W2) without wife: $76437,37)

- W2 of 2013 (just the joint sponsors adjusted gross income (line 1 of W2) without wife: $84579,36)

- W2 of 2014 (just the joint sponsors adjusted gross income (line 1 of W2) without wife: $85416,14)

So we filled in the following items like this:

- Form I-864 Part 6 item 13.a.1.: $85416,14 (most recent of 2014)

- Form I-864 Part 6 item 13.b.1.: $84579,36 (2nd most recent of 2013)

- Form I-864 Part 6 item 13.c.1.: $76437,37 (3rd most recent of 2012)

And for Part 6 item 10: $85500 (My Current Annual Household Income)

So the checklist says that just Part 6 item 13.a.1. is incorrect!

So we only want to use one person as our sponsor and not both.

What should I change and do I still need to change more than just Part 6 item 13.a.1. (because the other items will be wrong, too I guess!) ???

Thank you everybody in advance for your answers!

[AlexandraDiana 4]

What I did in my case, which is same as yours, I asked their accountant to give me a detailed paper with spouses separate income and I highlighted which ones belongs to my sponsor; also, my father in law, who is my sponsor, signed a paper for me saying that's the income by himself, without adding his wife.

[mister007 3]

Thank you AlexandraDiana for your fast response! Sounds like pretty much more to do to get this solved...

Anyone else experiences how to get this fixed?

[NikLR 13,227]

Okay the issue IS this.. You use adjusted gross income when you were supposed to use total income. The numbers may be different.

If a 1040 is filed you use total income. if a 1040EZ is filed, you use adjusted gross income.

Also use the numbers from the tax return not the W2, which will not have cents.

[NikLR 13,227]

Lastly, the way numbers are written in the USA = $123,456.90 If the US person filled it out then it needs to have the commas and the periods in the correct spots or else the number values are different. It took me a minute to realize how much you were writing.

For example you wrote: $76437,37

I think this is seventy six thousand, four hundred thirty-seven dollars and thirty seven cents. Am I correct?

If so then the correct way to write this for the US government is: $76,437.37

However on a tax return it would round down, so $76,437.00

Edited June 11, 2015 by NLR

[Ryan H 3,813]

**Hijack post removed. All replies in this thread need to directly address the OP and the questions that were asked. If you have a question about your own case or circumstances, you need to start your own thread.**

[CowBoE 429]

Yeah the RFE is because you submitted joint tax return but only try to use

one person's income (perhaps) without clearly explaining that.

The easiest thing to do is to use the total gross income from the tax transcript

and provide evidence (employment letter and past 6 months pay stubs).

Based on the couple's earning, they are going to have many entries in the tax filing for

- interest/dividend income (perhaps from both individual and joint accounts)

- deductions (also from individual and jointly applicable items)

- capital gains/losses

- and other details

It's going to be pretty confusing to split this into his and her portions,

and even more complicated to explain that to USCIS and get them to understand it.

[Anh map 2,098]

Transcripts (if I remember correctly without having access to my own transcripts right now) do not show each person's total income, only a combined amount. So the transcript gross is not the same as the sponsor's gross. The standard form 1040 shows each individual's earnings. That may be the issue.

Either a copy of their form 1040 showing the breakout (easiest) or as another poster suggested a sheet detailing each person's earnings ought to be enough. I'd get a copy of the 1040.

[mister007 3]

Hey fellows!

Thank you guys so much for all your answers!!!

So I looked into Saylin's NVC process guide again... (It feels like I've read it about a 1000 times already but I recognize again that it can't be enough!)

What do you guys think about this, that I just found:

Step 9 - Review: Checklists and Case Complete

Avoiding Checklists

Here are a few common checklist items I see all the time:

-Use the correct numbers on the I-864/I-864EZ for past year's incomes. As it states RIGHT IN THE QUESTION, if you filed a 1040 (or 1040A), then use total income, and if you filed a 1040EZ, then use adjusted gross income. If you filed jointly, then make sure you use the combined income (since it doesn't separate the incomes) and then submit W2s to show individual income.

Well I really read the NVC Process wiki soooooo many times and I didn't pay attention to this when it finally got important....

So even if I wrote the amounts kinda wrong (commas / dots) will this be the key to success?! (Thank you NLR for mentioning this!)

Sounds pretty easy and if that is the proper way, it was absolutely a filling fault from applicant side...

But additionally: if this is the key would you guys recommend an additional "explanation letter" where I point out this situation that I've sent in the joint sponsor's W2s (to show his individual income that I want to use) and that I filled in the combined income because of the jointly filed 1040 tax return and tax return transcripts?

So in Part 6 item 13.a.1. to 13.c.1. I will correct all 3 years with the new amounts, even if they just wanted to correct the recent year?

And for Part 6 item 10 also the combined estimated income for the current year?

Also I'd use the right commas and dots in the combined income amounts right?

Thank you everybody for your opinions in advance!!!

[AlexandraDiana 4]

When my father in law filled for me, he had the 1040 form "married filling jointly", so both spouses have their income together, it is NOT divided, I had to ask the accountant to give me a report with separate incomes and also I added, since in my case they are both retired, my sponsor's social security, private pension and two checks that show he receives monthly payment for him former jobs. Among that, he signed a letter explaining what his income is separate from his wife and that is enough withought her having to fill I-864a.

[mister007 3]

Thank you again AlexandraDiana!

And you other posters, what do you think about my last post?

[NikLR 13,227]

Hey fellows!

Thank you guys so much for all your answers!!!

So I looked into Saylin's NVC process guide again... (It feels like I've read it about a 1000 times already but I recognize again that it can't be enough!)

What do you guys think about this, that I just found:

Step 9 - Review: Checklists and Case Complete

Avoiding Checklists

Here are a few common checklist items I see all the time:

-Use the correct numbers on the I-864/I-864EZ for past year's incomes. As it states RIGHT IN THE QUESTION, if you filed a 1040 (or 1040A), then use total income, and if you filed a 1040EZ, then use adjusted gross income. If you filed jointly, then make sure you use the combined income (since it doesn't separate the incomes) and then submit W2s to show individual income.

Well I really read the NVC Process wiki soooooo many times and I didn't pay attention to this when it finally got important....

So even if I wrote the amounts kinda wrong (commas / dots) will this be the key to success?! (Thank you NLR for mentioning this!)

Sounds pretty easy and if that is the proper way, it was absolutely a filling fault from applicant side...

But additionally: if this is the key would you guys recommend an additional "explanation letter" where I point out this situation that I've sent in the joint sponsor's W2s (to show his individual income that I want to use) and that I filled in the combined income because of the jointly filed 1040 tax return and tax return transcripts?

So in Part 6 item 13.a.1. to 13.c.1. I will correct all 3 years with the new amounts, even if they just wanted to correct the recent year?

And for Part 6 item 10 also the combined estimated income for the current year?

Also I'd use the right commas and dots in the combined income amounts right?

Thank you everybody for your opinions in advance!!!

Correct all 3 years.

Out of curiosity, is there a reason you don't want to include the wife on an I-864a?

This is one of those "in for a penny, in for a pound" type of things.

[mister007 3]

Correct all 3 years.

Out of curiosity, is there a reason you don't want to include the wife on an I-864a?

This is one of those "in for a penny, in for a pound" type of things.

Thank you NLR for your response!

If I would have to send in another I-864A for his wife now, it would cause even more collecting for me (paystubs, W2s, and all the documentation about this person,...). Moreover it would put another person into this "sponsor boat". More than 80,000 bucks should be fine from one person. And it wouldn't change the weird filling in rules that exist for this form! I would still need to put in the combined income in both forms (what stills makes no sense to me cos it refers to just one person lol)

So should I include an explanation letter? And in the form I-864, do I put in the cent zeros in the amount after the full dollars ( for ex. like $100,000.00 or just $100,000)?

And for Part 6 item 10 also the combined estimated income for the current year?

Thank you!

[NikLR 13,227]

I don't anything combined income because if you do, then you have to include her and her income. Just pretend he's not in a household, even though she shows up on the household count.

include an explanation letter from the joint sponsor.

You don't need to include the cents.

[mister007 3]

I don't anything combined income because if you do, then you have to include her and her income. Just pretend he's not in a household, even though she shows up on the household count.

include an explanation letter from the joint sponsor.

You don't need to include the cents.

Ok, now I don't understand what this should mean... sorry...

What amounts should I use now?! You mean I should just use the amounts of the combined income as "just his own separate income" even this amount refers to 2 persons?

But still an eplanation letter that refers to his own W2s that have his amounts, but without mentioning the expression "combined income" in the explanation letter to avoid wanting them a I-864A right?

Thank you!