Gail and Derrick

Thanks! I'm going to send the whole thing since I just sent the transcript before. Since this comes directly from the IRS it seems to be what they prefer but maybe that's only for the not self-employed.

Thanks! I really appreciate all of this info. I've seen people be really rigid and convinced they are right even in the face of advice and evidence so I get it. I have definitely seen other threads where there's an insistence on using total income (part of the problem, I think, is that the section on the form itself is badly worded) and let's face it, for as many rigid question-askers there are also people responding who actually don't know and provide incorrect answers so I usually look for those who've clearly built a reputation here and also for consistency (as in a LOT of people are providing the same response!). You offer some sound advice and insight and it is appreciated!

Good grief. Never once did I say that USCIS or anyone else was stupid. I'm here asking because I know others have valuable knowledge so not entirely sure how you arrived at this conclusion. I will absolutely look into using AGI versus Total Income but everything else I read pointed to the difference between 1040, 1040a, and 1040 EZ in addition to the difference between tax transcripts versus the full return with schedules, 1099s, and W2s. Nowhere in the instructions does it say to use AGI if you're self-employed. The differentiation is only between different versions of the 1040. But perhaps it's somewhere else and I've overlooked it. If you have a reference please share. I looked through a lot of posts on VJ and found instances where others had entered AGI instead of total income when filing 1040 or 1040a and also needed to correct. I also found evidence from other sites that the I-864 will be returned if the income reported on the form is different from what's on the tax transcript or return. It's apparently not uncommon for people to do this. It's extra complicated for self-employed because schedule C is what they'll use to consider "current income" but that's another matter.

Except I was W2 until June of last year and 1099 after that so my 1040 from 2021 has both W2 and 1099. And I did not file 1040EZ. Instructions for the form state total income and it seems to have tripped others up too.

If you file 1040EZ then AGI is used. If you file 1040 then you use total income. It's on the instructions but I managed to skip over it. "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."

Yes. Everything else was correct. Yep! This was what I did first and it was all as it should be and then I found the AGI vs Total Income issue.

Like many others here we received the "vague RFE" around being unable to process (see below) the I-864. At first glance I had no idea what the problem was because I'd sent my tax transcripts for the last 3 years. Upon closer inspection of the form itself, I realized I had entered AGI not Total Income for the last 3 years so I'm guessing that's why it was kicked back as those numbers didn't match the total income lines on the tax transcripts and they probably just stopped there and hit the RFE button. I'm wondering if I should 1. upload the new I-864 with that section corrected, or 2. upload new I-864 and resend the tax transcripts, or 3. upload new I-864 and follow instructions for the vague RFE and send the whole 2021 tax return with W2s, 1099s, and schedules? I guess I'm wondering if they will have kept everything from the first submission or if I should treat this as "I have sent them nothing" and resend tax transcripts and supporting evidence of income? I'm concerned about submitting the corrected form to get past this RFE and then having them decide they need more evidence of current income because I have been self-employed for the last year. If that happens, will they even send a second RFE or just reject the application outright? We are unable to process the I-864 because it has one or more deficiencies. In order for us to process your application further, you must: Submit a completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor. All pages must be present and of the latest edition date. Provide the petitioning sponsor's Social Security Number on Form I-864. Provide a complete and correctly calculated household size for the petitioning sponsor on Form I-864. Submit a complete copy of the petitioning sponsor’s Federal income tax return, including all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return, for the most recent tax year.