I-864 for sponsor employed in China

[waingro]

Hi guys,

I have a question on my I-864. The instructions state that for determining income for the "federal income tax return information" section, the "adjusted gross income" line 37 on the 1040 will be used. The quirk is that my foreign income is tax exempt and deducted out on line 21, leaving me with -330 adjusted gross income! (I sold some stocks at a loss) The past three years are the same. Should I really put -330 on the I-864? I mean this looks horrible... Or should I put a number that includes my foreign income?

Second question: I'm bringing a copy of my 2008 return, but it's unsigned. Should I sign it?

By the way, I do have a Joint-Sponsor.

[dnoblett]

First, Yes list the loss.

You will either need to make this up with liquid assets in the USA equal to 3 times 125% poverty line, OR get a joint sponsor living in the USA that makes more than 125% poverty line and able to sponsor the immigrant.

Second, Yes sign the return.

Third, if you have been living outside the USA for some time, you may be required to show that you did not give up US domicile. Your I-864 REQUIRES US Domicile.

MORE:

I-864GenInfo-FAQ-Final.pdf

[Randy W]

Hi guys,

 

I have a question on my I-864. The instructions state that for determining income for the "federal income tax return information" section, the "adjusted gross income" line 37 on the 1040 will be used. The quirk is that my foreign income is tax exempt and deducted out on line 21, leaving me with -330 adjusted gross income! (I sold some stocks at a loss) The past three years are the same. Should I really put -330 on the I-864? I mean this looks horrible... Or should I put a number that includes my foreign income?

 

Second question: I'm bringing a copy of my 2008 return, but it's unsigned. Should I sign it?

 

By the way, I do have a Joint-Sponsor.

 

 

You may wish to draft a cover letter that shows your actual income. An accountant should be able to show this.

 

We have seen people report zero adjusted gross income income, who still had more than enough to meet the poverty line requirement (and were awarded the visa)

 

The income tax return is simply one piece of evidence - provide others.

[dnoblett]

One note, Income needs to come from a source that will continue after returning to the USA if you plan on using this. If employed by a foreign employer and you are not going to continue working for them after returning to the USA then evidence of a job in the USA may be needed if you are not using a joint sponsor.

[Sebastian]

I suggest you rip out , quickly, a hand -written Income and Asset Statement - and then see if it all makes sense to you.

 

If it does, then formalize it, have an accountant prepare it.

 

The I-864 does ask for tax forms info, but since yer an anomoly, you're gonna have to do something else. An 'Income and Asset Statement' is the 'something else.

 

Good Luck !

Edited June 5, 2009 by Sebastian (see edit history)

[Randy W]

. . . and, yes, the figure they usually look at on the tax returns is the adjusted gross income. But if you have other income, it's up to you to show where it comes from. The tax return is NOT necessarily the bottom line, as I'm sure you well know.

 

If a co-sponsor works for you, do that, or both. Your call.

[dnoblett]

. . . and, yes, the figure they usually look at on the tax returns is the adjusted gross income. But if you have other income, it's up to you to show where it comes from. The tax return is NOT necessarily the bottom line, as I'm sure you well know.

 

If a co-sponsor works for you, do that, or both. Your call.

Note: I-864 requires a copy of past year's return, or a good explanation why one was not filed.

[david_dawei]

Hi guys,

 

I have a question on my I-864. The instructions state that for determining income for the "federal income tax return information" section, the "adjusted gross income" line 37 on the 1040 will be used. The quirk is that my foreign income is tax exempt and deducted out on line 21, leaving me with -330 adjusted gross income! (I sold some stocks at a loss) The past three years are the same. Should I really put -330 on the I-864? I mean this looks horrible... Or should I put a number that includes my foreign income?

 

Second question: I'm bringing a copy of my 2008 return, but it's unsigned. Should I sign it?

 

By the way, I do have a Joint-Sponsor.

Let's start off by getting the reference correctly...

 

First the good news:

 

The tax line has ALWAYS been the "Total Income"... and it still is.

 

what nobody picked up on is that IF IF IF you are using the 1040EZ, ONLY THEN do you use Adjusted Gross Income. WHY?

 

Because on the 1040EZ, you are not allowed any adjustments, so it is the equivalent of Total Income on the 1040 form.

 

Second, the bad news

 

BUT, you mentioned line 37.... so your obviously dealing with the 1040.. and Line 21 is NOT an adjustment; it is "Other Income"... and this line is a part of "Total Income"...

 

It seems the same outcome with corrected line to "Total Income"... see if you agree.

[waingro]

Let's start off by getting the reference correctly...

 

First the good news:

 

The tax line has ALWAYS been the "Total Income"... and it still is.

 

what nobody picked up on is that IF IF IF you are using the 1040EZ, ONLY THEN do you use Adjusted Gross Income. WHY?

 

Because on the 1040EZ, you are not allowed any adjustments, so it is the equivalent of Total Income on the 1040 form.

 

Second, the bad news

 

BUT, you mentioned line 37.... so your obviously dealing with the 1040.. and Line 21 is NOT an adjustment; it is "Other Income"... and this line is a part of "Total Income"...

 

It seems the same outcome with corrected line to "Total Income"... see if you agree.

 

You're right. It's line 22, not 37, and they're the same for me. Yes, Line 21 is "other income" which includes foreign income as a negative number from Form 2555.

 

When all else fails, follow the instructions exactly. Anyway, line 24c on the I-864 is what's used to compare with poverty line.

 

Thanks for the quick responses guys.