Current Individual Annual Income For Retired Joint Sponsor

[LouieChuckyMerry 0]

Hello and, as always, thanks in advance for any help . I'm in the process of gathering the necessary documentation for my (petitioner sponsor) and my mother's (only joint sponsor) I-864: Affidavit Of Support's. Mine is sure to fail due to a lack of U.S. earned income and assets (although my taxes are in order for proving domicile) but my mom's should be more than acceptable since her annual retirement income is in the neighborhood of $30,000. My questions (searching resulted in no definitive answers) are regarding if-how my mother needs to prove her current individual annual income. Her IRS return transcripts for 2012, 2013, and 2014 show ~$15,000 for pensions and annuities and ~$15,000 for social security benefits in the "Income" section but, due to various deductions, the amount shown for total income (the amount asked for on the I-864) varies from ~$7,000 to ~$15,000. From everything I've read, it seems to me that the NVS will do more than simply make sure the amount on the respective tax returns match the amounts on the I-864, that they'll also note the pre-deduction income and it's source. I would also think that the three tax return transcripts are enough proof of current annual income, since the pension-annuities and social security benefits are guaranteed. However, I'd like to be certain (well, as certain as reasonably possible) before mailing the I-864 so as to avoid a dreaded RFE. To simplify my questions:

1) Will the NVC look at all aspects of reported income on the IRS return transcripts, not just the total income reported, when accepting or rejecting an I-864?

2) Do the pension-annuities and social security benefits shown on the return transcripts constitute enough proof of current individual annual income?

3) Will I ever finish this seemingly neverending process? ;-)

Thanks again for any help.

Edited September 24, 2015 by LouieChuckyMerry

[Ryan H 3,925]

Answers

• NVC will simply check for completeness and to see if current income meets the threshold. They won't approve or reject anything. Checklists (NVC issues checklists, not RFE's) will only be issued for missing items or if the I-864 numbers are below the required threshold.
• This question I cannot provide a definitive answer to and guessing will not help.

[LouieChuckyMerry 0]

Answers

• NVC will simply check for completeness and to see if current income meets the threshold. They won't approve or reject anything. Checklists (NVC issues checklists, not RFE's) will only be issued for missing items or if the I-864 numbers are below the required threshold.

I'm a bit confused by the above. Do you mean that there's no approval or rejection because if the form is filled in correctly and the income is above the threshold, then it's "accepted" or "OK'd" automatically? Apologies for my ignorance.

Answers

2. This question I cannot provide a definitive answer to and guessing will not help.

Any idea(s) where I might find a definitive answer? To me it seems redundant to gather further proof of current annual income (ie, "W2"'s from the pension and SS) since it's shown on the tax return transcripts, but I'd hate to get a dreaded checklist (thanks for the clarification).

[pushbrk 13,869]

The first thing is to properly state the current income. You will not find it on any tax return. The section about tax returns is indicating "past income".

In this kind of case, it is better to use a tax return copy, if available. Past income will not be properly shown on line 22 or on "total income" from the transcript. The income is the total income or line 22 plus the social security, minus any taxable portion of the social security. She likely receives a greater amount of SS in 2015 than she did in 2014, so state and document her current income. Document social security income with a bank statement highlighting the amount, you will have multiplied by 12. If there is other income, document as best you can.

Only if other income is from self employment, then current income is the same as 2014 income in the tax section.

[Ryan H 3,925]

I'm a bit confused by the above. Do you mean that there's no approval or rejection because if the form is filled in correctly and the income is above the threshold, then it's "accepted" or "OK'd" automatically? Apologies for my ignorance.

I'll try and clarify, if the form is complete and the income level is at or above the threshold, it will be forwarded on; that's it. Whether or not the I-864 is ultimately "accepted" or "OK'd" is the sole purview of a CO at an Embassy or Consulate.

[LouieChuckyMerry 0]

The first thing is to properly state the current income. You will not find it on any tax return. The section about tax returns is indicating "past income".

In this kind of case, it is better to use a tax return copy, if available. Past income will not be properly shown on line 22 or on "total income" from the transcript. The income is the total income or line 22 plus the social security, minus any taxable portion of the social security. She likely receives a greater amount of SS in 2015 than she did in 2014, so state and document her current income. Document social security income with a bank statement highlighting the amount, you will have multiplied by 12. If there is other income, document as best you can.

Only if other income is from self employment, then current income is the same as 2014 income in the tax section.

Ahhh, thank you very much for the reminder, pushbrk. I've read so much about this that I'd forgotton: tax transcripts can't be used to prove current income; copies of bank statement(s) showing regular deposit(s) are needed. A final (ha ha) question: do you think that a September 2015 bank statement with the monthy SS income and and monthly pension income highlighted is enough or should I be paranoid and include copies of bank statements January through September?

I'll try and clarify, if the form is complete and the income level is at or above the threshold, it will be forwarded on; that's it. Whether or not the I-864 is ultimately "accepted" or "OK'd" is the sole purview of a CO at an Embassy or Consulate.

Thank you, Ryan H. It seems pretty obvious now ;-) .

[pushbrk 13,869]

Ahhh, thank you very much for the reminder, pushbrk. I've read so much about this that I'd forgotton: tax transcripts can't be used to prove current income; copies of bank statement(s) showing regular deposit(s) are needed. A final (ha ha) question: do you think that a September 2015 bank statement with the monthy SS income and and monthly pension income highlighted is enough or should I be paranoid and include copies of bank statements January through September?

One statement clearly showing pension and/or SS income is sufficient.

[LouieChuckyMerry 0]

Thank you very much, pushbrk, I really appreciate your kind help .