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Karim2018

questions about I-864 (merged topics)

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Posted (edited)

Guys,

 

In part 4 of I-864EZ, I understand that if I'm the USC Petitioner and sponsor of my wife (i.e. I'm the only one filling out I-864EZ), then 1.a should be 2. That's easy :) BUT what about 1.b (where it says "Your spouse") should it be ZERO (0), because I've already counted her in 1.a or should I put 1 there as well? I've been reading some old and conflicting posts in here. Some say leave it blank, others say put 1 in 1.b, but if I do, I would be counting my spouse twice, coz she's also the person I'm sponsoring on this I-864EZ, per 1.a. And to spice things up, I also pay alimony to my ex-wife, so where does that go? I don't think it goes in 1.e coz she's not listed as a "dependent" on my "most recent federal income tax return"! See the dilemma?!

 

Please advise...

 

Thank you!

 

-K

 

 

Edited by Karim2018

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Posted (edited)

Count each person only once. So if they are counted in 1.a, then they are not counted in 1.b onwards.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)
16 minutes ago, geowrian said:

Count each person only once. So if they are counted in 1.a, then they are not counted in 1.b onwards.

Fair enough! What about the ex-wife situation? nowhere does it talk about alimony or ex-wife on the form or instructions, so what do we do there? Do I ignore it and not consider her a dependent? Thanks

 

Note: Alimony paid to ex-spouse is always shown on 1040 line 31a, so I don't think I'll be hiding anything if I ignore the ex-wife in part4 and not consider her a dependent.

Edited by Karim2018

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8 minutes ago, Karim2018 said:

Fair enough! What about the ex-wife situation? nowhere does it talk about alimony or ex-wife on the form or instructions, so what do we do there? Do I ignore it and not consider her a dependent? Thanks

 

Note: Alimony paid to ex-spouse is always shown on 1040 line 31a, so I don't think I'll be hiding anything if I ignore the ex-wife in part4.

She's not part of your household and it doesn't need to be noted anywhere on the I-864EZ.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)
15 minutes ago, geowrian said:

She's not part of your household and it doesn't need to be noted anywhere on the I-864EZ.

Thank you for your prompt response! Also after a closer look, I realized that in Part 5, they're asking for the AGI (Adjusted Gross Income), which definitely takes into account any alimony you may have paid during a given year. So to illustrate for other VJ'ers, if someone made $25K in 2018 and paid $5K in alimony to their ex, then their AGI is $20K, which indirectly means that the ex-spouse's alimony had already been factored-in in the AGI, and she/he need not be included as a dependent in any section of Part 4. Thanks again geowrian!

Edited by Karim2018

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2 hours ago, Karim2018 said:

Thank you for your prompt response! Also after a closer look, I realized that in Part 5, they're asking for the AGI (Adjusted Gross Income), which definitely takes into account any alimony you may have paid during a given year. So to illustrate for other VJ'ers, if someone made $25K in 2018 and paid $5K in alimony to their ex, then their AGI is $20K, which indirectly means that the ex-spouse's alimony had already been factored-in in the AGI, and she/he need not be included as a dependent in any section of Part 4. Thanks again geowrian!

Adjusted gross income is only used if you file a 1040EZ.  If you file 1040, use "gross income" from line 22.  The numbers might be the same, but still use line 22 if a 1040 is filed.  Either way, your former spouse is not part of your household size unless you sponsored her from another country and she has a green card.


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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Posted (edited)
20 minutes ago, pushbrk said:

Adjusted gross income is only used if you file a 1040EZ.  If you file 1040, use "gross income" from line 22.  The numbers might be the same, but still use line 22 if a 1040 is filed.  Either way, your former spouse is not part of your household size unless you sponsored her from another country and she has a green card.

I just realized that I should use line 22 on my 1040, after reading a similar thread! Thank you for clarifying it pushbrk! On a separate note, I had sponsored my niece few years back, and she's now a USC. I don't intend to include her as dependent or part of my household, of course, but for full disclosure, should I use the "additional information" page to state all the persons I had sponsored (who are still green card holders) and to mention that I've sponsored my niece and that she became a USC?  This way the math adds-up, if they check and see how many peeps I had sponsored? Thanks

Edited by Karim2018

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6 minutes ago, Karim2018 said:

I just realized that I should use line 22 on my 1040, after reading a similar thread! Thank you for clarifying it pushbrk! On a separate note, I had sponsored my niece few years back, and she's now a USC. I don't intend to include her as dependent or part of my household, of course, but for full disclosure, should I use the "additional information" page to state all the persons I had sponsored (who are still green card holders) and to mention that I've sponsored my niece and that she became a USC?  This way the math adds-up, if they check and see how many peeps I had sponsored? Thanks

Just answer the questions that are actually asked.  If she's a citizen, it's irrelevant now.  Do you see some question where mentioning her is needed?

 


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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Hey Guys, @NVC stage waiting for them to confirm receipt of our file and was wondering if form I-864 can be filled online or should it be done offline, scan and upload, then send original to beneficiary , as she may be asked to show original at consulate/interview? Thanks

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you will receive a bill for the I 864 and ds 260

when the site says the payment is received and paid,  you will have instructions to fill out the form online

your spouse will do the ds 260 online 

Casa may ask for the original /sometimes do/ sometimes don't

but be prepared and send her the original so you don't go into longer AP for needed documents

 

 

u did not put date of marriage on timeline but you sent CR1 in last december so assuming married in 2018 i hope you added her to your 2018 tax returns as Casa will expect to see this

 

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3 hours ago, JeanneAdil said:

you will receive a bill for the I 864 and ds 260

when the site says the payment is received and paid,  you will have instructions to fill out the form online

your spouse will do the ds 260 online 

Casa may ask for the original /sometimes do/ sometimes don't

but be prepared and send her the original so you don't go into longer AP for needed documents

 

 

u did not put date of marriage on timeline but you sent CR1 in last december so assuming married in 2018 i hope you added her to your 2018 tax returns as Casa will expect to see this

 

Thanks M8! So if I file it online, I should print it before clicking on submit, so I can send her a copy of the original... Right? I filed my taxes as MFS, so yes her name is on my 2018 taxes. Cheers!

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12 minutes ago, Karim2018 said:

Thanks M8! So if I file it online, I should print it before clicking on submit, so I can send her a copy of the original... Right? I filed my taxes as MFS, so yes her name is on my 2018 taxes. Cheers!

yes,  print it out before you submit it and send it to her with IRS transcript of the 2018 ( 2019 if interview after april 15th  2020)

be sure you keep a copy for your records

incha allah you will have success

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10 minutes ago, JeanneAdil said:

yes,  print it out before you submit it and send it to her with IRS transcript of the 2018 ( 2019 if interview after april 15th  2020)

be sure you keep a copy for your records

incha allah you will have success

Thanks!

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Posted (edited)

I'm trying to be proactive here so I downloaded the I-864EZ form and started to fill it out... I came across question #4 "Current Individual Annual Income" and I'm not sure what put in there since the "current year" 2019 isn't over yet, and my income consists of base salary + commission. My commission check varies every month, so one approach I thought about, was to compute Jan-Aug total commission, divide that by 8 to get the average monthly commission for the past 8 months, then use that average # to compute my "projected" annual commission to which I will then add my annual base salary. And of course, if need be, I can back this up by sending copies of my last 3 (or even 8-months) pay stubs... Is that acceptable? Your input is appreciated. Thanks.

Edited by Karim2018

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