Filling out the I-864 and I-864a

[confusedshoes 193]

So my Parents will be sponsoring as I was in the Philippines most of last year with my wife (then fiance). My father owns a restaurant so the majority of the household income is from him. We are all in the same home. My mother is also a sole proprietor, though she earns less. They file jointly. I saw some older post which were similar but I guess there have been some updates to the forms and I just wanted to make sure before filing

I am a bit stuck on a few parts;

 

 I-864

 

Part 6:7

My current individual income: Since the year just started, do I put in a rough estimate? Last year was pretty much 0 as I did not work. Now that I am back though I've been working since January,  I have been working more hours to make up for my extended vacation and so far it seems like I've pretty much doubled my income. Either way this isn't that important since my Father's income should more than cover it. I am planning to just put down a number close to what I made in 2017 and 2016, and using those tax returns for the reason behind my guess. I can also provide more current pay stubs.

 

Part 6:10 and 13 

Again I'm not too sure what number to put here. Right now what I have down is the gross income for each.  Since they file jointly im assuming I have to calculate their AGI myself?  Also since it says current income, this is also just an estimated guess to what this year's income will be, correct?

 

 

 I-864a 

Both my parents need to fill these out as well, correct?

 

Part 3:7

My current individual income: Again is this the AGI I am coming up with or gross income?

 

Part 4:1b, 2abc

 

I think we will include these too. Pretty much same question here about how I get the AGI for an individual of a joint filing. 

[K1visaHopeful 2,655]

1 minute ago, confusedshoes said:

So my Parents will be sponsoring as I was in the Philippines most of last year with my wife (then fiance). My father owns a restaurant so the majority of the household income is from him. We are all in the same home. My mother is also a sole proprietor, though she earns less. They file jointly. I saw some older post which were similar but I guess there have been some updates to the forms and I just wanted to make sure before filing

I am a bit stuck on a few parts;

 

 I-864

 

Part 6:7

My current individual income: Since the year just started, do I put in a rough estimate? Last year was pretty much 0 as I did not work. Now that I am back though I've been working since January,  I have been working more hours to make up for my extended vacation and so far it seems like I've pretty much doubled my income. Either way this isn't that important since my Father's income should more than cover it. I am planning to just put down a number close to what I made in 2017 and 2016, and using those tax returns for the reason behind my guess. I can also provide more current pay stubs.
IMO, you should report your income for 2018 as reported on your 2018 W2s and taxes you will be filing shortly. You will report whatever income from whatever years tax forms and W2s you will provide.

You could also use an Employment Verification Letter plus 6 months of paystubs if you have that many under your belt but ONLY if you have that many can you use this option. 

Keep in mind that just because you are using a joint sponsor or do not meet the 125% does not mean you do not need to report your income accurately and provide the proper financial documents.
 

Part 6:10 and 13 

Again I'm not too sure what number to put here. Right now what I have down is the gross income for each.  Since they file jointly im assuming I have to calculate their AGI myself?  Also since it says current income, this is also just an estimated guess to what this year's income will be, correct?

 

 

 I-864a 

Both my parents need to fill these out as well, correct?

No your father will fill out an I864 as your joint sponsor and your mother will fill out an I864a as a Co-sponsor provided she lives in the same household as your father.

 

Part 3:7

My current individual income: Again is this the AGI I am coming up with or gross income?

For your father, because he is self employed he will report his AGI.

 

Part 4:1b, 2abc

 

I think we will include these too. Pretty much same question here about how I get the AGI for an individual of a joint filing. 

You will file an I864 and report your income individually.

Your father will fill out his own seperate I864 and report his and your mother's income together.

Your mother will fill out an I864a which is nothing more than an agreement between your father and mother to jointly sponsor the intending immigrant(s).

I cant really answer the above questions by question until you understand what I wrote directly above here. Feel free to repose your questions when you understand.

[confusedshoes 193]

@K1visaHopeful 

"

Quote

 

IMO, you should report your income for 2018 as reported on your 2018 W2s and taxes you will be filing shortly. You will report whatever income from whatever years tax forms and W2s you will provide.

You could also use an Employment Verification Letter plus 6 months of paystubs if you have that many under your belt but ONLY if you have that many can you use this option. 

Keep in mind that just because you are using a joint sponsor or do not meet the 125% does not mean you do not need to report your income accurately and provide the proper financial documents.

 

 

2018 wouldn't be my current income though, I've seen it stated in other places that it should be the current year's income. because it's early in 2019 I should base it off past incomes. I am also self employed, so no w2s

 

13 minutes ago, K1visaHopeful said:

No your father will fill out an I864 as your joint sponsor and your mother will fill out an I864a as a Co-sponsor provided she lives in the same household as your father.

We all live in the same household.

 

13 minutes ago, K1visaHopeful said:

For your father, because he is self employed he will report his AGI.

He doesn't have his own AGI, but does have his own schedule C form, since they filed jointly the AGI is for both of them, what I am trying to figure out is if I should be putting down the income I come up with after expenses/deductibles as his AGI.
 

Edited March 11, 2019 by confusedshoes

[K1visaHopeful 2,655]

1 minute ago, confusedshoes said:

@K1visaHopeful 

"

 

2018 wouldn't be my current income though, I've seen it stated in other places that it should be the current year's income. because it's early in 2019 I should base it off past incomes. I am also self employed, so no w2s
Are you not filing 2018 taxes though? 2018 will be the most current year as of April 15th so if you are applying for AOS as of that (or near to it), 2018 will be considered the most recent year. Because you dont have 6 months worth of paystubs for 2018 you wouldn't be able to use your paystubs either.

You could use 2017 up until then but again, you will need to use the amounts from your taxes and not some made up amount.
 

We all live in the same household.

Okay then. You have two choices.

1. You can do as I explained in my last comment and use those forms.

2. You can combine ALL of your incomes on one i864 and they will fill out an I864a each. The only problem with this is it will increase your household size by one to: you+your father+your mother+ the intending immigrant(s).

If you filled out an I864 on your own, your household size would be irrelevant. Then your father's household size on his I864 would be only your father+your mother+the intending immigrant(s). 

So you'll have to look at the FPGLs to see if you can meet the 125% in both scenarios.

 

He doesn't have his own AGI, but does have his own schedule C form, since they filed jointly the AGI is for both of them,

That's fine. Their income will be combined and reported on the/his (depending on the way you choose to file) I864 as what is reported on their joint tax forms. So you would input their AGI on their joint tax return.

 

what I am trying to figure out is if I should be putting down the income I come up with after expenses/deductibles as his AGI. 

No you will report their combined AGI as exactly as it appears on their combined tax return.

Let me know how you will proceed.

[confusedshoes 193]

Just now, K1visaHopeful said:

Are you not filing 2018 taxes though? 2018 will be the most current year as of April 15th so if you are applying for AOS as of that (or near to it), 2018 will be considered the most recent year. Because you dont have 6 months worth of paystubs for 2018 you wouldn't be able to use your paystubs either.

You could use 2017 up until then but again, you will need to use the amounts from your taxes and not some made up amount.

Yes I did file for 2018. The form does not ask for 2018 though, it is the most current reported income, but what I am saying is other sources say that the question isnt asking for that. It is asking for the actual current year. which is 2019, which no one has filed. You are supposed to put the projected income for this coming year, as it is the current year. There is no real harm in a person putting their 2018 income though as long as their income isnt going to change much, but that isnt what we are supposed to put there.

 

6 minutes ago, K1visaHopeful said:

kay then. You have two choices.

1. You can do as I explained in my last comment and use those forms.

2. You can combine ALL of your incomes on one i864 and they will fill out an I864a each. The only problem with this is it will increase your household size by one to: you+your father+your mother+ the intending immigrant(s).

If you filled out an I864 on your own, your household size would be irrelevant. Then your father's household size on his I864 would be only your father+your mother+the intending immigrant(s). 

So you'll have to look at the FPGLs to see if you can meet the 125% in both scenarios.

I think I am currently doing #2 we're not really worried about not meeting FPGL as we are well above it even with 4, I would have been too if I worked last year, but I took most of the year off. What I dont really get is what AGI I put for each, do I just put the exact same number for both? Lets say together their Joint AGI is 100k, when we fill out the I-864a's for them do I put 100k for Part 3:7 for both my mother and father? Wouldnt that look like the household makes 200k?

[K1visaHopeful 2,655]

7 minutes ago, confusedshoes said:

Yes I did file for 2018. The form does not ask for 2018 though, it is the most current reported income, but what I am saying is other sources say that the question isnt asking for that. It is asking for the actual current year. which is 2019, which no one has filed. You are supposed to put the projected income for this coming year, as it is the current year. There is no real harm in a person putting their 2018 income though as long as their income isnt going to change much, but that isnt what we are supposed to put there.

 

I think I am currently doing #2 we're not really worried about not meeting FPGL as we are well above it even with 4, I would have been too if I worked last year, but I took most of the year off. What I dont really get is what AGI I put for each, do I just put the exact same number for both? Lets say together their Joint AGI is 100k, when we fill out the I-864a's for them do I put 100k for Part 3:7 for both my mother and father? Wouldnt that look like the household makes 200k?

Now that it's clear to me... that's a good question! And I'm not sure how to answer, lol. Let me do some research and I'll get back to you. It's a bit difficult since they are self employed so I see your confusion.

[K1visaHopeful 2,655]

At the moment I'd say report it all as your father's income and put mom at $0.