AOS Combining Household Income

[Aso&Pusa 0]

Hello,

I am getting ready to file the AOS (K1 Visa) and I am combining my household income with my parents (whom live in the same household) because I am only at $16500 in earnings  for 2017. My parents file jointly.  I was just going to list my father as the household member and the total income on their tax return for 2017.

 

Questions:

Do I need to fill out an i- 864a for each parent?

If I am only listing one parent do I count both of them to the household size on the i-864?

 

It just seems odd to put one parent with all the income and the other with 0. That is why I didn't see the point in mentioning both parents on the form and saving some paper opposed to filling out two 1-864a's.

 

Thanks for reading.

Edited February 18, 2018 by Aso&Pusa

[Villanelle 4,121]

It depends on what their tax return shows. I understand its a joint return but it still shows who made which percentage of the income. SO if the joint return shows income of 20k and 15 of it was attributed to your father and 5 to your mother to use the 15 from dad he fills out an 864a. to use the 5 from mom she fills out the 864a.

 

In some cases even where "Dad" is the only one with income on the joint tax return they still like to see an 864a from mom showing that she is aware of what Dad is doing. So I would recommend sending one 864a from each of them with their respective part of income from the joint tax return on it. 

[Aso&Pusa 0]

13 minutes ago, Damara said:

It depends on what their tax return shows. I understand its a joint return but it still shows who made which percentage of the income. SO if the joint return shows income of 20k and 15 of it was attributed to your father and 5 to your mother to use the 15 from dad he fills out an 864a. to use the 5 from mom she fills out the 864a.

 

In some cases even where "Dad" is the only one with income on the joint tax return they still like to see an 864a from mom showing that she is aware of what Dad is doing. So I would recommend sending one 864a from each of them with their respective part of income from the joint tax return on it. 

Thank you.

It does not indicate who made the income on the tax return nor is it required since it is filed jointly.

If it is better to have them both parents fill out the 864a should I just divide the income in half from both of them?

[payxibka 10,044]

24 minutes ago, Aso&Pusa said:

Thank you.

It does not indicate who made the income on the tax return nor is it required since it is filed jointly.

If it is better to have them both parents fill out the 864a should I just divide the income in half from both of them?

Actually it does show whose income it is...  included in the return would be W-2's and/or 1099's

[Aso&Pusa 0]

13 minutes ago, payxibka said:

Actually it does show whose income it is...  included in the return would be W-2's and/or 1099's

In this case there would be no W-2's or 1099's. They are retired.

[payxibka 10,044]

1 minute ago, Aso&Pusa said:

In this case there would be no W-2's or 1099's. They are retired.

Then what is the source of the income

[Aso&Pusa 0]

4 minutes ago, payxibka said:

Then what is the source of the income

Taxable interest, IRA distributions, and misc. income. And my father does not file a 1099 misc. income, he has never had an issue in the past not filing one. I take that back there is one 1099 form accounting for about half the misc. income.

Edited February 18, 2018 by Aso&Pusa

[payxibka 10,044]

Just now, Aso&Pusa said:

Taxable interest, IRA distributions, and misc. income. And my father does not file a 1099 misc. income, he has never had an issue in the past not filing one.

He receives 1099's of his income. You don't file 1099's because the IRS gets this information electronically.  However the 1099's are an integral part of his return records.

And if submitting paper copies of the return to support the affidavit then copies of the 1099s are needed to be included in the documents

[Aso&Pusa 0]

3 minutes ago, payxibka said:

He receives 1099's of his income. You don't file 1099's because the IRS gets this information electronically.  However the 1099's are an integral part of his return records.

And if submitting paper copies of the return to support the affidavit then copies of the 1099s are needed to be included in the documents

So, should I list my mother as a household member and fill out an 864a for her even though she has 0 income?

[Wuozopo 4,285]

13 hours ago, Aso&Pusa said:

Hello,

I am getting ready to file the AOS (K1 Visa) and I am combining my household income with my parents (whom live in the same household) because I am only at $16500 in earnings  for 2017. My parents file jointly.  I was just going to list my father as the household member and the total income on their tax return for 2017.

 

Questions:

Do I need to fill out an i- 864a for each parent?

If I am only listing one parent do I count both of them to the household size on the i-864?

 

It just seems odd to put one parent with all the income and the other with 0. That is why I didn't see the point in mentioning both parents on the form and saving some paper opposed to filling out two 1-864a's.

 

Thanks for reading.

Have you thought about a simpler way to do this?

 

YOU

I-864

tax return transcript

 

DAD

I-864 (list Mom as his household member because of the joint return doesn't show separate)

joint tax return transcript (avoids finding/photocopying all those 1099s) optional 2 more

Proof of citizenship (required of joint)

MOM

I-864a 

 

 

 

 

[Aso&Pusa 0]

1 hour ago, Wuozopo said:

Have you thought about a simpler way to do this?

 

YOU

I-864

tax return transcript

 

DAD

I-864 (list Mom as his household member because of the joint return doesn't show separate)

joint tax return transcript (avoids finding/photocopying all those 1099s) optional 2 more

Proof of citizenship (required of joint)

MOM

I-864a 

 

 

 

 

My income is $16,500 and his is 23,500. That will work since 125% has to be reached just for me and not him as well, correct? Also, I don't have transcripts because I just sent in my tax returns for 2017 a day ago.

[Wuozopo 4,285]

26 minutes ago, Aso&Pusa said:

My income is $16,500 and his is 23,500. That will work since 125% has to be reached just for me and not him as well, correct? Also, I don't have transcripts because I just sent in my tax returns for 2017 a day ago.

Ahh....I see. You need to combine because he doesn't qualify by himself. In that case you are going to have to either provide really good documentation of his separate income (all $23,500) because his tax return does not show what is Mom's and what is Dad's. You know she earns nothing, but the immigration dudes need documentation on paper. Normally an employer letter  and pay stubs work, but not for him. 

 

So the interest income...if it is from a joint bank account or investment, then it's not all his. Gather everything that has only his name on it and add it up. I guarantee there is a 1099 for everything...interest, dividends, IRA distributions, Social Security retirement, pensions. You mention misc income. If you mean he gets paid cash for odd jobs or something, that doesn't count for this because he is not reporting that income maybe (?).  So find every 1099 that has Dad's name only on it, add it up, and use that number as his income. Then maybe make a list of those items stating --The separate income of John Smith is as follows. Kinda point out you are including his documented separate income. And follow that with photocopies of the documents.  It ain't gonna be easy to pull this off without an RFE.

[Aso&Pusa 0]

38 minutes ago, Wuozopo said:

Ahh....I see. You need to combine because he doesn't qualify by himself. In that case you are going to have to either provide really good documentation of his separate income (all $23,500) because his tax return does not show what is Mom's and what is Dad's. You know she earns nothing, but the immigration dudes need documentation on paper. Normally an employer letter  and pay stubs work, but not for him. 

 

So the interest income...if it is from a joint bank account or investment, then it's not all his. Gather everything that has only his name on it and add it up. I guarantee there is a 1099 for everything...interest, dividends, IRA distributions, Social Security retirement, pensions. You mention misc income. If you mean he gets paid cash for odd jobs or something, that doesn't count for this because he is not reporting that income maybe (?).  So find every 1099 that has Dad's name only on it, add it up, and use that number as his income. Then maybe make a list of those items stating --The separate income of John Smith is as follows. Kinda point out you are including his documented separate income. And follow that with photocopies of the documents.  It ain't gonna be easy to pull this off without an RFE.

Yes, he is reporting income as misc. that he does not have 1099's for, because he needs that misc. income to qualify for premium tax credits for market place insurance. He has never had issue in the past listing misc. income when filing his taxes. If the immigration dude does have a issue with what the IRS has always accepted and I get an RFE then I will provide the tax transcripts, which I I will have in a few weeks from now. What do you think? Which is better to do between the i-864 and i-864a for my parents?

Edited February 19, 2018 by Aso&Pusa

[Villanelle 4,121]

So are you stating he reports income (as misc) that he doesnt actually earn in order to qualify for tax credits. Thats fraud and according to the TOS of the site no one can advise you when you are committing fraud. 

[Wuozopo 4,285]

1 hour ago, Damara said:

So are you stating he reports income (as misc) that he doesnt actually earn in order to qualify for tax credits. Thats fraud and according to the TOS of the site no one can advise you when you are committing fraud. 

You are overthinking this.  He is reporting income he did not receive 1099s for. Unless somebody pays you more than $600 as a contract employee during the year they do not have to issue a 1099.  I report income I have received for services from various clients on my Schedule C. As an example--If you made birdhouses and sold them at craft shows you wouldn't get 1099s, but you are supposed to report the income and expense of your birdhouse business on Sch C.

 

 

Edited February 20, 2018 by Wuozopo