More I-134 questions

[xtal]

Hi guys - I have a few questions about the I-134:

 

- Question 7 – do you need to copy the (adjusted) gross income line from the last tax return here, or what you earn as stated in the letter from the employer? The two are not always the same.

- Question 7 – Provided that your income alone meets the 100%-poverty-guideline income, and if you have assets (such as personal property, real estate, etc) do you need to list those $ amounts under question 7? If not, do you just put $0 or N/A?

- Question 8 – Is this referring to anyone OTHER than your SO or do you need to list your SO here as well?

 

Thanks.

Edited December 10, 2005 by xtal (see edit history)

[Redsunset52]

Hi guys - I have a few questions about the I-134:

 

- Question 7 – do you need to copy the (adjusted) gross income line from the last tax return here, or what you earn as stated in the letter from the employer? The two are not always the same.

- Question 7 – Provided that your income alone meets the 100%-poverty-guideline income, and if you have assets (such as personal property, real estate, etc) do you need to list those $ amounts under question 7? If not, do you just put $0 or N/A?

- Question 8 – Is this referring to anyone OTHER than your SO or do you need to list your SO here as well?

 

Thanks.

174908[/snapback]

Income means an individual's gross income, for purposes of the individual's Federal income tax liability, including a joint income tax return. Also see the following link explains more under "definitions"

 

 

http://uscis.gov/lpbin/lpext.dll/inserts/f...ument-frame.htm

[david_dawei]

1. Total gross income

2. If you meet the guideline, don't list assets.. Even the instructions for I-864 (the more binding one) suggest as much.

3. Don't list your SO.. only children you might be supporting

[xtal]

1. Total gross income

2. If you meet the guideline, don't list assets.. Even the instructions for I-864 (the more binding one) suggest as much.

3. Don't list your SO.. only children you might be supporting

174943[/snapback]

Thanks for the response -

 

1. So total gross income from the tax return, not from the employment letter?

 

Thanks!

[david_dawei]

1. Total gross income

2. If you meet the guideline, don't list assets.. Even the instructions for I-864 (the more binding one) suggest as much.

3. Don't list your SO.. only children you might be supporting

174943[/snapback]

Thanks for the response -

 

1. So total gross income from the tax return, not from the employment letter?

 

Thanks!

174951[/snapback]

This is a damn good question which has been much discussed...

 

I will start by stating:

1) This is 'individual income'... anyone else's income that is to be considered must be accompanied by a I-134...

2) if you filed jointly and only want your income considered, you must have your W-2s/1099, etc also to help distinguish the number you put on the I-134.

 

Most of my advice has followed from the following :

 

I-864 Fact Sheet:

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

Which income line from the federal tax return is used for income determination?

 

The line for gross (total) income on IRS Forms 1040 (line 22 in 1996) and 1040A (line 14 in 1996) is used to determine income. The line for adjusted gross income is used for persons filing IRS Form 1040 EZ (line 4 in 1996).

 

Which is really 'total income'.. meaning, if you have are self-employed it is post Schedule "C"... so clearly not gross for them.

 

This always seemed a bit inconsistent...

 

The I-864 directions (more legally binding than the I-134) states:

"Your individual income will be based on the earnings from your W-2 forms, Wage and Tax Statement, submitted to IRS for any such years."

 

Which is consistent with the "filing joint" issue above... that the W2s are used to determine your 'individual income'...

 

Although in the past, I tended to follow the USCIS webpage Fact Sheet definition as being line 22 of the 1040 (and for 2004 it was still the same line)....

 

I am more and more inclined to think that the 'gross income' as reflected on W2s/1099/etc is truly best and consistent for both employed and self-employed... and to make the post even longer, therefore the same as the employment letter.

 

 

Added: Realized that W2s/1009 alone don't really identify 'total income' which could come from sources other than your employment letter...

 

Seems that 1040 line 22 is advised on VJ as well...

Edited December 11, 2005 by DavidZixuan (see edit history)

[LeeFisher3]

1. Total gross income

2. If you meet the guideline, don't list assets.. Even the instructions for I-864 (the more binding one) suggest as much.

3. Don't list your SO.. only children you might be supporting

174943[/snapback]

Thanks for the response -

 

1. So total gross income from the tax return, not from the employment letter?

 

Thanks!

174951[/snapback]

Definitely the gross income from your tax return as your attached tax return is the evidence of the number provided.

 

The employment letter is proof that you have a permanent job and income. Most HR departments only speak to a vague amount concerning your income.

 

Keep it as simple as possible. It seems like half the time the VO's are not even interested in this, but want to see the employment letter. Ours was stapled together so they got to see it all anyway.