HELP! Last year's income and current income

[alborosie8090 17]

Hi, I am working on completing the i-864 for my husband, and I have some questions.

1) My current income is above the federal poverty guidelines, however I am based on commission. My base meets the guidelines in it of itself, but I want to make sure it is noted I can earn more than what my set wage is (and I am, based on performance and commissions). My letter from my employer notes this. Should I put current annual income in line #15 as my income + commissions thus far? (ie: Base Salary is 30K and I've made $5K in commissions so far this year?)

2) On my last year's tax return (2014), I filled out the Foreign Earned Income Exclusion as I was living and working in Costa Rica part of 2013 and all of 2014 (which is, of course, how I met my husband). Here's the predicament I'm in - I don't know what I am supposed to fill out as my total income for 2014. On my 1040, my Total Income with wages, salaries, tips, etc. (#7) is $15,768. Looks not the best, but decent given I was abroad. However, #22, my total income, is $5,271 because it takes out the $10,500 I made abroad based on Foreign Earned Income Exlcusion. Which do I provide? The $15,768 looks better but the $5,271 I believe is the accurate number, correct?

3) I am obviously going to attach my previous years incomes from 2013 and 2012, which are in line with what I am making currently. This should, logically, prove that I can indeed earn sufficient income and support my husband. Still, I'm really nervous about sending over last year's income as $5,271!!!! Am I going to run into issues with this? Do I need to contact a lawyer to help me with this? I am really stressing about this.

Thanks to all and any who can provide assistance.

[divemaster19 17]

I would stick to what can be proven on paper given what you have filed with the IRS. I would not deviate from giving them exactly what they are asking for. Once you are over the poverty guidelines even if its by a dollar, you have met that requirement and in my opinion pointing out something that fluctuates as much as commission or tips can bring unnecessary delays and uncomfortable questions.

I am no expert but we stuck to what my wife filed with the IRS and what she could back up with her IRS forms.

[alborosie8090 17]

I would stick to what can be proven on paper given what you have filed with the IRS. I would not deviate from giving them exactly what they are asking for. Once you are over the poverty guidelines even if its by a dollar, you have met that requirement and in my opinion pointing out something that fluctuates as much as commission or tips can bring unnecessary delays and uncomfortable questions.

I am no expert but we stuck to what my wife filed with the IRS and what she could back up with her IRS forms.

Thanks. I think that makes sense.

So, to make sure I am putting down the correct information from my tax forms (1040) - which is the "total income" I report? Is it total income #22 or #7 (wages, salaries, tips, etc.). I don't understand if I am allowed to include my foreign earned income or not since it was "excluded"?

This just makes me nervous as it is way below the poverty line, even though my previous two years were well above, you never know who is going to review your case....

[divemaster19 17]

I am not sure about that part. Perhaps someone with far more knowledge than me will chime in soon. This is a wonderful site that helped us with our case, just be patient and try your best not to get too stressed.

[KayDeeCee 4,893]

1) You don't use what you have made so far this year. Your current annual income is what you would earn in an entire year at the current pay rate you are receiving. You could estimate how much you would get with base pay plus commissions for a year's time, or you could also list the base price and hand-write a '+' at the end of it, like $30,000+. The letter from employer backs up that you earn base plus commissions.

2) You list the Total Income amount from the last 3 years. This section is separate from your current income amount that needs to meet the requirement You don't try and put a different number because you think it 'looks better'. You put exactly what they ask for so it matches with your return, which for 2014 would be line 22 of your 1040, $5,271. They can look at the entire tax return that you are required to submit, if they wish/need to for anything.

3) You earn enough and meet the requirement. You are providing proof of earning enough, through letter from employer and/or recent pay stubs. What would a lawyer do for you? Completely unnecessary.

[alborosie8090 17]

1) You don't use what you have made so far this year. Your current annual income is what you would earn in an entire year at the current pay rate you are receiving. You could estimate how much you would get with base pay plus commissions for a year's time, or you could also list the base price and hand-write a '+' at the end of it, like $30,000+. The letter from employer backs up that you earn base plus commissions.

2) You list the Total Income amount from the last 3 years. This section is separate from your current income amount that needs to meet the requirement You don't try and put a different number because you think it 'looks better'. You put exactly what they ask for so it matches with your return, which for 2014 would be line 22 of your 1040, $5,271. They can look at the entire tax return that you are required to submit, if they wish/need to for anything.

3) You earn enough and meet the requirement. You are providing proof of earning enough, through letter from employer and/or recent pay stubs. What would a lawyer do for you? Completely unnecessary.

KayDeeCee, thanks so much for your response.

1) Totally makes sense.

2) This makes sense as well.

3) I earn enough CURRENTLY with my annual salary, however, the because of my last year's tax return income being so low, do I also need to fill out the assets portion? The wording on the I-864 makes it seem like I do, as it says the following: "If your income, or the total income for you and your household, from Part 6., Item Numbers 19.a - 19.c, exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8." Is it one or the other has to meet it (ie: Your CURRENT income OR Total income from Tax returns), or they BOTH have to meet it (ie: Your current income AND total income from tax returns past 3 years)? My mind is playing games with me on this one and not sure what exactly it means.

Since my total income from Part 6., Item Number 19.a, does NOT meet the Federal Poverty Guidelines, even though my current income does.... does that mean I need to fill out that Use of Assets to Supplement Income? My assets will not provide more than my annual salary does. I don't want to NOT this fill out if technically I am required to, but I've read on topics on here that you shouldn't fill out more than necessary either. Since I meet the current salary requirements (and can back that up with letter from employer and past 6 months of pay stubs), do I need to worry about filling out Part 7.?

Thanks again for your advice on this.

Edited September 3, 2015 by alborosie8090

[KayDeeCee 4,893]

You do not need to fill out the assets because your CURRENT income, that you are proving proof of, meets the requirement for your household size.

First of all, what you quoted from the form states the word 'or', not 'and': 'If your income, or the total income...'

Second, doesn't matter as it is cleared up in the actual form instructions. Page 8 >http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Part 7. Use of Assets to Supplement Income (Optional)

Only complete Part 7. if you need to use the value of assets to meet the income requirements. If your Current Annual
Household Income (indicated on Part 6., Item Number 15.) is equal to or more than needed to meet the income
requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size (indicated on
Part 5., Item Number 8.), you do not need to complete this Part.