I 864

[SamiSami 1]

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.

 

[junkmart 320]

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 March 12, 2019 by junkmart

[SamiSami 1]

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.

[arken 4,197]

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.

[SamiSami 1]

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 March 12, 2019 by SamiSami

[arken 4,197]

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.

[pushbrk 12,086]

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.

[SamiSami 1]

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.

[pushbrk 12,086]

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.

[SamiSami 1]

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 March 12, 2019 by SamiSami
Missing word

[pushbrk 12,086]

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.

[SamiSami 1]

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.

[SamiSami 1]

So the conclusion is he will submit 3 years with all the tax forms and W2 from his work. Without his wife submitting any forms. Will I go for it.

[pushbrk 12,086]

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.

[SamiSami 1]

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)