I-864 question re: individual income vs. total income

[d_spalding]

Dear CFL members,

 

I have a basic question about the I-864 and have read conflicting answers on this and other websites.

 

Basic scenario:

In addition to my I-864, my sister is filing an I-864 on our behalf.

She is married and files taxes jointly. However, her individual income (Part 6, Item 5) exceeds 125% of the federal poverty guidelines.

So according to the instructions:

"If this amount [item 6.5] is greater [than the 125%]...you do not need to include any household member's income.

Ok, got it.

 

But then under Part 6 items 13.a.1 - 13.c.1, it's asking for AGI "as reported on my federal tax returns."

Seems straightforward enough.
Since my sister filed jointly, her AGI includes her husband's income. So the amount listed on Part 6 item 5 ("current individual annual income") is different from AGI on taxes. This would be the case for anyone filling out this form who is married, files joint tax returns and makes enough money individually to support the I-864 without counting his / her spouse's income.

 

Note: my sister will be including copies of last three years' 1040s and her personal W-2s.

We see three possibilities:

 

1) Under Part 6, 13.a.1 - 13.c.1, list reported (joint) 1040 income for each year. Sister's husband does not complete I-864A. (Add or do not add a simple attachment breaking out sister's income for each of the three tax years, as shown on W-2s,

as suggested here: http://www.immihelp.com/affidavit-of-support/federal-income-tax-documents.html ?)

 

 

2) Under Part 6, 13.a.1 - 13.c.1, make a note on the form and list only individual income from W-2s in each blank. Highlight W-2 copies so it's easier to connect the dots. Sister's husband does not complete I-864A.

3) Under Part 6, 13.a.1 - 13.c.1, list reported (joint) 1040 income for each year. Sister's husband is listed as Person 1 in Part 6 and he fills out I-864A.

 

We are leaning toward #1 but want to make sure we get it right. Any thoughts?

 

Thanks!

David

 

 

 

[newacct]

#1. It is the "total income" on her tax return, regardless of whether it is joint or not. By the way, past tax return information is not related to current income, so there is nothing to not match up.

[Randy W]

The income tax return is NOT the only evidence of income - the W-2's provide evidence of separate income. These are the amounts that should be used when using separate income to qualify. Be sure to provide a cover sheet - basically, an accounting statement showing the income that will be available for the support of the intending immigrant.

 

It's important when they LOOK at the affidavit that they see what you are doing. That is why I recommend the cover sheet - so they will focus on that, rather than the tax returns.

[d_spalding]

Thanks so much for this feedback! I just saw these messages.

 

We went ahead and did #1 with a cover sheet to clarify all mysteries.

 

Related question. We are now awaiting instruction from Guangzhou, having gotten the green light re: our I-130 from USCIS at the Beijing embassy.

My question: What, exactly, are they going to send us? A letter with instructions and a code letting my husband register online and complete the electronic DS-260 forms? Some people report being notified via email at this stage, other via mail. I'm not sure what to expect next.

 

Cheers,
David

[rpb1087]

Facing a similar situation except my father is co-sponsoring and files jointly with my mother.

 

From the first post on the thread, I was leaning towards option #3 and ask my mother to fill out an I-864A. My father is self-employed and thus not so easy to break out his income as providing W-2s from an employer. His income alone is enough to sponsor us but to avoid confusion between "individual annual income" and "Annual Household Income" will include my mother as Person 1 with supplementary I-864A. Is there any downside to this type of overkill?

 

Any other advice for providing evidence of income for self-employed co-sponsors beyond tax returns?

 

I seem to read conflicting information about whether co-sponsor needs to provide a copy of just the past year's tax return or the past three years for I-864. It says the additional two years are optional on the form. Do these requirements differ for the Primary Sponsor (me) and the Co-Sponsor (my father)?

 

Lastly, for optional part 7 on I-864 "Use of Assets to Supplement Income", is it an all or none kind of deal? If we wanted to include money in savings accounts with easily printed bank statements but not include real estate assets by obtaining appraised value, etc. is it okay to pick what to include and leave off this other assets category?

 

Thanks for the help!

[Randy W]

Facing a similar situation except my father is co-sponsoring and files jointly with my mother.

 

From the first post on the thread, I was leaning towards option #3 and ask my mother to fill out an I-864A. My father is self-employed and thus not so easy to break out his income as providing W-2s from an employer. His income alone is enough to sponsor us but to avoid confusion between "individual annual income" and "Annual Household Income" will include my mother as Person 1 with supplementary I-864A. Is there any downside to this type of overkill?

 

Any other advice for providing evidence of income for self-employed co-sponsors beyond tax returns?

 

I seem to read conflicting information about whether co-sponsor needs to provide a copy of just the past year's tax return or the past three years for I-864. It says the additional two years are optional on the form. Do these requirements differ for the Primary Sponsor (me) and the Co-Sponsor (my father)?

 

Lastly, for optional part 7 on I-864 "Use of Assets to Supplement Income", is it an all or none kind of deal? If we wanted to include money in savings accounts with easily printed bank statements but not include real estate assets by obtaining appraised value, etc. is it okay to pick what to include and leave off this other assets category?

 

Thanks for the help!

 

 

As long as the tax return provide an adequate picture of their actual income, that's fine. If they or he take a lot of deductions or depreciation, then you (or they) may wish to include a cover sheet which will show their actual income picture.

 

Including three years of tax returns can show a stable income stream. It is your (and their) choice as to whether that is called for. The consular officials can require that they be submitted if they feel that the information is needed.

 

You may include money in savings accounts. You may include real estate assets, with or without official appraisals (or even unofficial appraisals). In other words, it's up to you to determine what will be necessary to convince the consular officials that the intending immigrant will not become a public charge, and up to them to decide if you were right. No, it's not an all-or-none deal - include what you feel comfortable with.

 

Too often, people find out that 'Enough' is not ENOUGH - that they can be required to provide additional data, or even additional co-sponsorship in order to be approved for the visa. It's not just the I-864 that they look at, but the 'totality of circumstances' in determining whether the intending immigrant might become a public charge.

[rpb1087]

Thanks, Randy. I like the idea of a cover sheet with their income picture. Are there any templates around the forums showing what that might look like?

[dnoblett]

Thanks, Randy. I like the idea of a cover sheet with their income picture. Are there any templates around the forums showing what that might look like?

Not that I know of, the sheet is a letter explaining and documenting who makes what.