I-864 - accounting for a known change in income just after submitting I-864?

[simonschus 58]

Hi all

My partner is likely to finish working for her current employer ten days after we submit the AOS documentation from a K1. She'll start working for her employer about 15 days after submission of the AOS documentation. There is likely to be a sizeable difference in taxable income between the two employers: her current job is above the threshold but her new job is likely to be lower than the threshold.

Does this known, future change in employment affect how we fill in the I-864 documentation?

The form states "Current income" so I've just been assuming that primarily means the income related to her employer at the time that we sign/submit the form. Is that a massive misinterpretation though?

Do we just calculate her current income as if she was continuing the job for the rest of the year? Or should we account for the new income that will be derived? (the issue then is we'd probably need to include two employer letters confirming salary, one from her current employer and one from her new employer).

We will be submitting a joint sponsor irrespective anyway so her change in employer isn't a way of bypassing the threshold. The joint sponsor allows us to be unconcerned about the threshold for my partner's taxable income. Instead, my question is solely related to what figures we should use for "Current income" on the I-864 and how to account/evidence that that won't result in an RFE and won't be misrepresentative.

Simon.

[Nich-Nick 3,353]

Current income to me is "what do you project you will earn in one years time?"

So if you have a job that will not change that pays $3,000 a month, you say $36,000 a year and submit an employer letter to back up your claim, especially if it is more than your 2015 tax return. That is especially useful for someone like a recent college grad who only started working in November. His tax return might only show $6000 but his current income to prove is $36,000.

If you know her income will drop off, then your projection really should drop off as well. Or just put the number on Line 22 of her tax return and forget proving more or less. It's really when you put a higher number as current that you have to back it up with documentation. And with a joint sponsor, just doing the safe required documentation to avoid an RFE because you didn't prove the current, is fine.

I realize you have a unique situation I still can't get my head around so just let your logic guide you.

[simonschus 58]

Haha thanks! Maybe it is best for us just to use the 2015 tax return as her current income as the simplest solution!

Yeah, its a bit of an annoying semi-unique situation which we'd rather not have to deal with for the I-864 - we were looking at her moving to the UK rather than me to the US when we she embarked down that job route. She gets a $20,000 taxable salary, and then $45,000-50,000 as non-taxable income (it is treated as non-taxable because it is technically a business reimbursement. Her company gives her an advance per-diem to reimburse her for accommodation and living costs when on her three to six months assignment away from her proper home. She just happens to be away for so long that it makes up a huge proportion of her income. The perdiem is all documented and accounted according to national standards). It would have been so much easier if the non-taxable per-diem income could have been declared as taxable on the Form 1040 as we'd have been way above the threshold. However, we're not allowed to declare it because it was a reimbursed business expense . Different assignments offer different splits between her taxable salary and non-taxable per-diem based on the cost of accommodation. She is currently on a 40% vs 55% split which results in everything being above the poverty threshold, but her next job will probably go to a 25% vs 75% split which takes her below the poverty threshold.

[simonschus 58]

P.S. I've just been through the I-864 Adjudicator's Manual and found the parts which seem to indicate that only is a tax return is need in my circumstances where we want the adjudicator to go straight to the Joint Sponsor's income and ignore my partner's I-864/federal tax return . I think we're talking about Chapter 20: Immigrants in General, Part 20.5 Enforceable Affidavits of Support with particular focus on Section 7a (Joint Sponsor: Joint Sponsor Needed) and Section 7e2 (Sufficiency of Form I-864: Requesting updated information). Don't worry, I don't expect anybody to read those for me to verify. I just wanted this to be here in case anybody else needed the details in the future.

Thank you for all your help!

Simon.

Edited April 14, 2016 by simonschus

[Nich-Nick 3,353]

I've already read most of the AFM.

My thinking is where your thinking is headed. Just claim something current that is proven on a tax return, send only 2015 tax return, and she has met her requirements as a sponsor. Then they move on to the joint sponsor.

If you try to claim something higher than the tax return without clear documentation, they shut it down and RFE with some ambiguous phrases and you'll be scratching your head about how to respond.

Make sure you send a complete tax return which means all forms and schedules AND the associated employer wage statements (W2 or 1099). Or instead of all that, get a tax return transcript from the IRS.

[simonschus 58]

I've already read most of the AFM.

My thinking is where your thinking is headed. Just claim something current that is proven on a tax return, send only 2015 tax return, and she has met her requirements as a sponsor. Then they move on to the joint sponsor.

If you try to claim something higher than the tax return without clear documentation, they shut it down and RFE with some ambiguous phrases and you'll be scratching your head about how to respond.

Make sure you send a complete tax return which means all forms and schedules AND the associated employer wage statements (W2 or 1099). Or instead of all that, get a tax return transcript from the IRS.

Yep We already have the IRS Tax Return Transcript for the past 3 years (including the 2015 tax year). We'll just put down the exact "Annual Income" figure from her Form 1040 for 2015. Given that we'll be using the IRS Tax Return Transcript, we won't send any other evidence for the I-864 (i.e. we won't send her Form 1040, W2).

Here's hoping that they won't send RFEs for any other proof of income documentation from her. We're happy enough with the documentation for the joint sponsor as his job is much more of a standard situation.

Thaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaanks.

Simon.

Edited April 14, 2016 by simonschus

[simonschus 58]

Too late. I'm back again.

I've just been updating the I-864 forms that we'll submit for AOS. From the IRS Tax Return Transcript though, my partner's taxable income turns out to be $20,255.00 which is actually very very very very slightly tiny over the 125% threshold of $20,025 (so $230 over the threshold).

The discussion in previous posts was predicated on being under the threshold. Does any of the guidance or caveats change at all now that we're actually a tiny bit over? Can we still get away with not sending employer letters, and instead just rely on being approved based on the joint sponsor's I-864 and his supporting evidence?

Simon

P.S. I think we will still be submitting a joint sponsor no matter what, even though we're slightly over the threshold. I'm not comfortable being so close to the threshold without a joint sponsor- there are many other other posts with the guidance that we should have a joint sponsor for being so close to the threshold. I'm fairly sure that is the rough guidance.

Edited April 14, 2016 by simonschus

[Nich-Nick 3,353]

Too late. I'm back again.

I've just been updating the I-864 forms that we'll submit for AOS. From the IRS Tax Return Transcript though, my partner's taxable income turns out to be $20,255.00 which is actually very very very very slightly tiny over the 125% threshold of $20,025 (so $230 over the threshold).

The discussion in previous posts was predicated on being under the threshold. Does any of the guidance or caveats change at all now that we're actually a tiny bit over? Can we still get away with not sending employer letters, and instead just rely on being approved based on the joint sponsor's I-864 and his supporting evidence?

Simon

P.S. I think we will still be submitting a joint sponsor no matter what, even though we're slightly over the threshold. I'm not comfortable being so close to the threshold without a joint sponsor- there are many other other posts with the guidance that we should have a joint sponsor for being so close to the threshold. I'm fairly sure that is the rough guidance.

Let's get some terms straight.

Taxable income is line 43 of the form 1040. USCIS is not looking at that number. It is actually lower than the number they look at because it has reduced her income at least by $6300 on line 40 and $4000 on line 42.

USCIS wants Total Income, Line 22

[simonschus 58]

Let's get some terms straight.

Taxable income is line 43 of the form 1040. USCIS is not looking at that number. It is actually lower than the number they look at because it has reduced her income at least by $6300 on line 40 and $4000 on line 42.

USCIS wants Total Income, Line 22

Thanks for the reply, and yes... I'm sorry

I've been using the terms taxable vs. non-taxable because it has been a broadly useful way to discuss the per-diem issue on the fora in the past (until now!) and that she doesn't take any additional deductions on her Form 1040 itself. I hadn't actually realised there was line "43. Taxable Income" on the Form 1040 so that was a rather unfortunate term for me to use!

For clarity, I'm referring to "Total income" in each of the above posts. The total income is $20,255, confirmed by the IRS Tax Return Transcript, so still ever-so-slightly barely above the 125% income. Hopefully they'll just see the tax return, ignore the lack of an employer letter, and go straight to the joint sponsor instead.

Thanks and sorry again.

Simon.

Edited April 14, 2016 by simonschus

[Nich-Nick 3,353]

Well it may pass, especially if you add on any assets like savings accounts, investments, etc to plump it up a bit. Your assets can be added on as well. You will be the spouse. Total family assets.

[simonschus 58]

Thanks Nich-Nick

Yeah, we had considered putting the assets like checking and savings accounts to bump it up a bit. Although we'd focus on the current balance, the letter we got from her bank last time mentioned the last 12 months deposits were $66,000 which just looks odd when we say her annual income from her employer as $20,000 (the difference is due to the per diem payment).

Sigh, I'll work it out soon - my partner and I shall just figure out what we want to do with the paperwork and hope it'll reduce RFEs but remain representative!

You've be so great.

Edited April 14, 2016 by simonschus

[Nich-Nick 3,353]

You may not even get that far because your brain is going to short circuit trying to plan out so many details.

Don't try to think what they may think. I sent a joint tax return with my former husband's name on it. I don't even have a job and still deposit way more than the poverty level. I did not feel the need to explain either.

[simonschus 58]

Excellent - I'll work out my strategy soon enough. I've got over 5 weeks until we're submitting the forms anyway so I can leave it for another afternoon on another weekend! Thank you again!

Simon.