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We filed My wife (USC) . AOS(485,765,130,130Aand 864) on October 5 2018.

I did my Biometric on November 6 .

I received a RFE on February 5 2019 .

asking me for a Joint sponsor.

and it says . The total income line 22 on IRS Form 1040 is used to determine qualifying income for a sponsor, not the “Gross receipt “(line 1)from IRS Schedule C or C-EZ.

I have a joint sponsor and he is making over 60000 per year.

Kindly I want to know which line on IRS I should put for 2016 and 2017.

I think is line 22 which is the Total income not the AGI.

My Attorney told me line 37.

what about the year 2018 that he filed last week and which line .

what is The Current Annual Income and the individual annual income.

NB . The joint sponsor filed jointly married for 2016 and 2017 but the year 2018 he filed on his own but he is married. 

I have his W2 and Form 1040 for 3 years,

Thank you so much.


 

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Posted (edited)
14 minutes ago, SamiSami said:

We filed My wife (USC) . AOS(485,765,130,130Aand 864) on October 5 2018.

I did my Biometric on November 6 .

I received a RFE on February 5 2019 .

asking me for a Joint sponsor.

and it says . The total income line 22 on IRS Form 1040 is used to determine qualifying income for a sponsor, not the “Gross receipt “(line 1)from IRS Schedule C or C-EZ.

I have a joint sponsor and he is making over 60000 per year.

Kindly I want to know which line on IRS I should put for 2016 and 2017.

I think is line 22 which is the Total income not the AGI.

My Attorney told me line 37.

what about the year 2018 that he filed last week and which line .

what is The Current Annual Income and the individual annual income.

NB . The joint sponsor filed jointly married for 2016 and 2017 but the year 2018 he filed on his own but he is married. 

I have his W2 and Form 1040 for 3 years,

Thank you so much.


 

  •  

Per I-864 Instructions, "For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when
determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."

 

On 1040 and 1040A, the Total Income is line 22. If you are using 1040 or 1040A, then your lawyer is wrong. You are correct. For 2018 1040, Total Income is line 6.

 

Edited by junkmart

c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

2019-04-22 Interview Notice received via USPS

2019-05-20 Interview

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18 minutes ago, junkmart said:

Per I-864 Instructions, "For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when
determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."

 

On 1040 and 1040A, the Total Income is line 22. If you are using 1040 or 1040A, then your lawyer is wrong. You are correct. For 2018 1040, Total Income is line 6.

 

Thank you so much indeed . What about the house hold income and individual income please.

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Individual income is income of only one person (sponsor), Part 6, item 7. Sometimes sponsor may combine his income with income from other people in the same  household, Part 6, item 8-19. In that case, sum of income of the sponsor and all people being used becomes the household income, item 20. Your joint sponsor’s income seems to be sufficient so it will be his only income used for i864. Part 6 item 7 and item 20 will be same in your joint  sponsor’s case.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Posted (edited)
7 minutes ago, arken said:

Individual income is income of only one person (sponsor), Part 6, item 7. Sometimes sponsor may combine his income with income from other people in the same  household, Part 6, item 8-19. In that case, sum of income of the sponsor and all people being used becomes the household income, item 20. Your joint sponsor’s income seems to be sufficient so it will be his only income used for i864. Part 6 item 7 and item 20 will be same in your joint  sponsor’s case.

Thank you so much Arken . Please . He filed 2016 and 2017 jointly and 2018 he filed on his own . ( he is married) which line in 1040 can I use for item 20 Part 6 and part 6 item 7,

I am so thankful.

Edited by SamiSami

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If you already have his 2018 tax return documents, then Line 6 from 2018 1040 will go to Part 6 item 7. Part 6 item 20 is just the summation of item 7 to item 19. 

 

Line 6 frm 2018 1040 will also go in Part 6 item 24a.

Line 22 from 2017 and 2016 1040 will go to Part 6 item 24b and c.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Just for clarity, the tax return filed in 2018 is the 2017 tax return.  The 2018 tax return is filed in 2019.   It is unwise to assume the foreign spouse understands this.

 

If married filing jointly, individual income is just what it sounds like.  Household income combines the individual income.  If only one spouse earns money then there is nothing to "combine" but the joint sponsor's spouse should still provide an I-864a showing 0 individual income.  Household or tax return reported income will be the same for both spouses.


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3 minutes ago, pushbrk said:

Just for clarity, the tax return filed in 2018 is the 2017 tax return.  The 2018 tax return is filed in 2019.   It is unwise to assume the foreign spouse understands this.

 

If married filing jointly, individual income is just what it sounds like.  Household income combines the individual income.  If only one spouse earns money then there is nothing to "combine" but the joint sponsor's spouse should still provide an I-864a showing 0 individual income.  Household or tax return reported income will be the same for both spouses.

Thank you so much. The joint sponsor spouse will not provide 864A . The joint sponsor W2 is above 60000 on his own for the 2016 and 2017. The year 2018 he filed on his own and his W2 is 60000.

40 minutes ago, arken said:

If you already have his 2018 tax return documents, then Line 6 from 2018 1040 will go to Part 6 item 7. Part 6 item 20 is just the summation of item 7 to item 19. 

 

Line 6 frm 2018 1040 will also go in Part 6 item 24a.

Line 22 from 2017 and 2016 1040 will go to Part 6 item 24b and c.

Thank you so much for your kindness Arken.

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1 minute ago, SamiSami said:

Thank you so much. The joint sponsor spouse will not provide 864A .

This may be a mistake that delays a decision UNTIL the spouse DOES provide the I-864a.  For them to do so, is the best practice, although only "required" if the immigration officer asks for it at interview.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Posted (edited)
5 minutes ago, pushbrk said:

This may be a mistake that delays a decision UNTIL the spouse DOES provide the I-864a.  For them to do so, is the best practice, although only "required" if the immigration officer asks for it at interview.

The joint sponsor is not in good term with his wife and he is making above 60000 alone in his W2. This year 2018 he filed on his own without his wife. Do you suggest if we submit only 2018 .Thank you so much.

Edited by SamiSami
Missing word

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1 minute ago, SamiSami said:

The joint sponsor is not in good term with his wife and he is making above 60000 alone in his W2. This year 2018 he filed on his own without his wife. Do you suggest if we submit only 2018 .Thank you so 

That would be an option, yes.  If employed, remember the current income comes from a current pay stub, not a tax return, BUT, you must report tax return income and include at least one tax return anyway.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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1 minute ago, pushbrk said:

That would be an option, yes.  If employed, remember the current income comes from a current pay stub, not a tax return, BUT, you must report tax return income and include at least one tax return anyway.

 

1 minute ago, pushbrk said:

That would be an option, yes.  If employed, remember the current income comes from a current pay stub, not a tax return, BUT, you must report tax return income and include at least one tax return anyway.

W2 form and all 1040 complete . They did not ask for pay stub when I got my RFE.

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1 minute ago, SamiSami said:

 

W2 form and all 1040 complete . They did not ask for pay stub when I got my RFE.

Did they ask for "evidence of current income"?  Whether they did or not, the calculation comes from a pay stub.  Tax returns are about the past, not the present.  Calculate it from the pay stub and include the pay stub.  Just do it.  Not going to argue with you.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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1 minute ago, pushbrk said:

Did they ask for "evidence of current income"?  Whether they did or not, the calculation comes from a pay stub.  Tax returns are about the past, not the present.  Calculate it from the pay stub and include the pay stub.  Just do it.  Not going to argue with you.

 

1 minute ago, pushbrk said:

Did they ask for "evidence of current income"?  Whether they did or not, the calculation comes from a pay stub.  Tax returns are about the past, not the present.  Calculate it from the pay stub and include the pay stub.  Just do it.  Not going to argue with you.

Sir I am not arguing.They ask for a joint sponsor to submit a complete copy for his tax return and all supporting documents (W2 and Form 1099 and tax schedule for the most recent tax year)

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