Current Individual Annual Income

[brutrigem]

The Current Individual Annual Income asked for on I-864 and I-864EZ, does this mean my income before taxes or after taxes? On the employer letter used as evidence for this income, it shows my annual salary before taxes. Thank you in advance

[SirLancelot]

The Current Individual Annual Income asked for on I-864 and I-864EZ, does this mean my income before taxes or after taxes? On the employer letter used as evidence for this income, it shows my annual salary before taxes. Thank you in advance

 

Most of the time when asking about salary or income, it's always BEFORE taxes. Unless they specifically ask for AFTER tax income, you should write your pre-tax income/salary.

[Cerberus]

The Current Individual Annual Income asked for on I-864 and I-864EZ, does this mean my income before taxes or after taxes? On the employer letter used as evidence for this income, it shows my annual salary before taxes. Thank you in advance

 

Most of the time when asking about salary or income, it's always BEFORE taxes. Unless they specifically ask for AFTER tax income, you should write your pre-tax income/salary.

I agree with SirLancelot. I would add one tidbit. Try to avoid listing property, stocks, etc, etc. This causes more headaches than you can imagine. It invites questions in from the embassy (e.g. How are you going to support your wife/fiancee, and still make payments on the properties? )

 

Stay with the money!

 

Dave

[david_dawei]

You use the TOTAL INCOME line.. see below.

 

Realize that for some, the employer letter may be only one form of income... the TOTAL INCOME line is all of it, before taxes...

 

 

The I-864 form, itself, lets the joint sponsor (your aunt) indicate whether only her income will be used when a joint return is filed. In Part 4.C. of the form, your aunt would probably check the box for "I am submitting documentation of my individual income (Forms W-2 and 1099)" indicating that only her income is being used from the joint return.

 

Just a reminder that gross income, rather than taxable income, is what is used for I-864 purposes. From http://www.uscis.gov/text/publicaffairs/fa...eets/affaqa.htm

 

"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)."

 

Line 22 is still the total income line on the current 1040s.

[Guest ShaQuaNew]

It's interesting that they want your income before taxes, as they take out most of it before giving it to you....

 

Yep. Before taxes...

[Guest Duke]

It's interesting that they want your income before taxes, as they take out most of it before giving it to you....

 

Yep. Before taxes...

 

The poverty level standard to which current annual income is compared is also a before tax number.

 

I would suggest petitioners staple or clip all their financial documents together with any employment letter showing annualized income or generally the document that paints the most favorable picture of your financial ability appearing on top. If any financial documents are requested, then the applicant can then simply hand over the financial package.

 

As for annual income, those with actual salaries or who can annualize an hourly income from a full time position, can use that as their current annual income, even if they were unemployed some or even most of the year. Those with businesses or commission based W2 or 1099 income would generally use the figure from the most recent tax return or if taxes have not yet been filed, the known before tax income for either the most recent year or past twelve months. All the above are legitimate methods to state current income so it seems to me it would make sense to use the one that is most favorable to the petitioner.

[brutrigem]

Thanks guys for replying to my incessive list of questions, but I still got a problem with the income I made in China, if I include it into my Current Annual Income (CAI), that'll help to put me over the income requirement by a pretty slight margin. However, I have absolutely no evidence of my Chinese income, no payroll records, no employer's letter, just a contract signed with the school. So I don't know, maybe I shouldn't include it due to this lack of evidence?

 

Oh and I was reading some prior posts about I-864, and there was a point made about how even if you meet the income requirement by a slight margin, it still counts, and you CAN NOT/NOT ALLOWED TO use joint sponsors or your own assets to supplement your income on the I-864. I was just reading the I-864 instructions, and it said " if this amount is greater than 125% of the federal poverty guidelines for your household size, you DO NOT NEED to include any household member's income..." (pg.7) and " if your Total Household Income is equal to or more than needed to meet the income requirement as shown by the current Poverty Guideline for your household size, you DO NOT NEED to completel this part (Part 7. Use of Assets to Supplement Income" (pg.8). " Not required" means I still could use them?

[brutrigem]

http://candleforlove.com/forums/index.php?...4+joint+sponsor

 

here's the link to that post, it's David's reply on the bottom.

[Guest Duke]

Thanks guys for replying to my incessive list of questions, but I still got a problem with the income I made in China, if I include it into my Current Annual Income (CAI), that'll help to put me over the income requirement by a pretty slight margin. However, I have absolutely no evidence of my Chinese income, no payroll records, no employer's letter, just a contract signed with the school. So I don't know, maybe I shouldn't include it due to this lack of evidence?

 

Oh and I was reading some prior posts about I-864, and there was a point made about how even if you meet the income requirement by a slight margin, it still counts, and you CAN NOT/NOT ALLOWED TO use joint sponsors or your own assets to supplement your income on the I-864. I was just reading the I-864 instructions, and it said " if this amount is greater than 125% of the federal poverty guidelines for your household size, you DO NOT NEED to include any household member's income..." (pg.7) and " if your Total Household Income is equal to or more than needed to meet the income requirement as shown by the current Poverty Guideline for your household size, you DO NOT NEED to completel this part (Part 7. Use of Assets to Supplement Income" (pg.8). " Not required" means I still could use them?

 

Earlier you wrote...

 

"Then for 2006, first 6 months I spent in China working on a chinese salary, then came back, got started at a new job with salary way above 125% poverty guideline. Problem is I started in September and am only getting paid for the last 3 months of 2006. On I-864EZ, #18, where it says " my individual annual income is currnetly:___" I don't know if I should write down the income I'm getting with my new job, or my expected income for 2006 (which then wouldn't meet the 125% guideline). And so that means I'd have to find a joint sponsor (another complicated ordeal)."

 

By my read, you have a good job now. If I were in your shoes, I would show "my individual annual income currently" as 12 times your current monthly salary and provide an employer letter indicating same. It doesn't matter whether the employer letter indicates a weekly, monthly or annual salary. The I-868x asks for an annual amount. It does not ask for the total of your income for any given year. If your salary is now X thousand per year, that is your current annual income.

 

Of course, you'll want to provide tax returns and pay stubs as well but you won't need to show assets or have a co-sponsor.

[david_dawei]

Thanks guys for replying to my incessive list of questions, but I still got a problem with the income I made in China, if I include it into my Current Annual Income (CAI), that'll help to put me over the income requirement by a pretty slight margin. However, I have absolutely no evidence of my Chinese income, no payroll records, no employer's letter, just a contract signed with the school. So I don't know, maybe I shouldn't include it due to this lack of evidence?

 

Oh and I was reading some prior posts about I-864, and there was a point made about how even if you meet the income requirement by a slight margin, it still counts, and you CAN NOT/NOT ALLOWED TO use joint sponsors or your own assets to supplement your income on the I-864. I was just reading the I-864 instructions, and it said " if this amount is greater than 125% of the federal poverty guidelines for your household size, you DO NOT NEED to include any household member's income..." (pg.7) and " if your Total Household Income is equal to or more than needed to meet the income requirement as shown by the current Poverty Guideline for your household size, you DO NOT NEED to completel this part (Part 7. Use of Assets to Supplement Income" (pg.8). " Not required" means I still could use them?

 

Earlier you wrote...

 

"Then for 2006, first 6 months I spent in China working on a chinese salary, then came back, got started at a new job with salary way above 125% poverty guideline. Problem is I started in September and am only getting paid for the last 3 months of 2006. On I-864EZ, #18, where it says " my individual annual income is currnetly:___" I don't know if I should write down the income I'm getting with my new job, or my expected income for 2006 (which then wouldn't meet the 125% guideline). And so that means I'd have to find a joint sponsor (another complicated ordeal)."

 

By my read, you have a good job now. If I were in your shoes, I would show "my individual annual income currently" as 12 times your current monthly salary and provide an employer letter indicating same. It doesn't matter whether the employer letter indicates a weekly, monthly or annual salary. The I-868x asks for an annual amount. It does not ask for the total of your income for any given year. If your salary is now X thousand per year, that is your current annual income.

 

Of course, you'll want to provide tax returns and pay stubs as well but you won't need to show assets or have a co-sponsor.

 

I don't necessarily disagree with this interpretation...

 

One issue is whether the field is asking for the current income, as pertaining to and consistent with what you will be claiming on the current tax form; since the I-864 REQUIRES the taxes as documentary proof of the figures listed.

 

But the Duke's approach is to use the current income [at the new job] as an annualized figure for the year (instead of the actual income earned).

 

In either case, a strong documentary support should be made for the current [new job] income, as that is what really matters.

 

Even if one wants to put in some assets.. but in light of our recent discussions about what the accountability of signing an i-864 means... I'm not sure I'd include any assets on such a document at this point... but the problem that would introduce is pulling in another person (ie: joint sponsor) into the accountability.

[brutrigem]

Ok I'm not really sure at this point, but the instructions for Part 6 of I-864 does define Current Individual Annual Income as " your expected income for the current year", and since I can't claim " my current monthly income at new job x 12 months" for 2006 tax return, I am gonna go with this sum- " my current monthly income at new job x 3 months + income from China" (which will be the sum I'll claim on my 2006 tax return) as my Current Individual Annual Income.

 

And I think I'm probably gonna have to list my assets on I-864, to put to rest any issues VO might have with how I could pay for airfare and travel expenses and such.

 

Thanks Duke and David for all of your help.

[david_dawei]

Ok I'm not really sure at this point, but the instructions for Part 6 of I-864 does define Current Individual Annual Income as " your expected income for the current year", and since I can't claim " my current monthly income at new job x 12 months" for 2006 tax return, I am gonna go with this sum- " my current monthly income at new job x 3 months + income from China" (which will be the sum I'll claim on my 2006 tax return) as my Current Individual Annual Income.

 

And I think I'm probably gonna have to list my assets on I-864, to put to rest any issues VO might have with how I could pay for airfare and travel expenses and such.

 

Thanks Duke and David for all of your help.

You made a previous comment that if you include your China income, you'd go over the poverty line... but no proof.. not even the original document says nothing about income? How did you deposit the money.. any bank statement from china?

 

I'd be inclined to list the chinese income, proof or not, since it's the truth.. and let the I-864 get pushed over the poverty level... if they question the 'past income', I'd steer them to the 'new income' , which clearly is over the poverty level... takes some understanding by your SO, but I think worth it... In the end, do what's most comfortable for the two of you.

[brutrigem]

My poor SO is gonna go to the Chinese school and have them write an employment verification letter for me next week, and I'll also have the contract, so at least I've got 2 things to prove the chinese income. Yeah we're just gonna go with what the truth is, and of course have my mom be a backup just in case...

[david_dawei]

I'd say, one down.. domicile (proof of residence is US) is next... make sure this is easily shown as well...

 

 

DCF Interview Experience:

http://candleforlove.com/forums/index.php?showtopic=14086

Edited November 12, 2006 by DavidZixuan (see edit history)

[SirLancelot]

My poor SO is gonna go to the Chinese school and have them write an employment verification letter for me next week, and I'll also have the contract, so at least I've got 2 things to prove the chinese income. Yeah we're just gonna go with what the truth is, and of course have my mom be a backup just in case...

 

brutrigem, please have your mother thoroughly read the I-864 and make sure she understands the full ramification of signing that document, if she ends up being the co-sponsor. the I-864 is an extremely powerful and deadly document. Parties who are signatory to it should be fully aware of the potential consequences.

 

good luck!