Income... 1-864EZ form

[Boringwaiting]

I got a letter from NVC. It says:

[x] Item 19. Your ____________ income must match the total (gross) income reported on your ___________________________________ Federal income tax returns. If you filed Form

1040EZ, use the adjusted gross income instead

I filled out that section with my gross income based on my W2. because I thought it's 1-864EZ form means I'm the only one sponsor. In 1040EZ , it's My husband's and my income together, we file joint tax return every year.

Should I fill it out with the adjusted gross income of both of us ?

[Boringwaiting]

I got a letter from NVC. It says the income I filled out doesn't match 1040 form.

 

I filled it based on my W2, because I thought 1-864EZ form means I'm the only one sponsor.

My husband and I file joint tax return every year.

 

Should I fill out with both of us income ? Is that they want me to do ?

[dnoblett]

Use the I-864 and then show your gross income shown on W2 and also attach copy of transcript. If they will not accept this then have spouse do an I-864A and attach this to your I-864.

 

Then again to avoid any additional RFE you may consider having spouse provide the I-864A anyway.

[Boringwaiting]

My income based on my W-2 is qualified to submit form 1-864EZ. According to the letter they sent to me, my income should be matched 1040 form. I sent 1040 form with my W-2.

My questions :

1. I have joint tax return ( my husband ). If I follow their requirement , I should fill it with the amount in 1040 which both of us.

2. there are three numbers in the first page of 1040 form show the income, (1) is wage, salaries... (2) is total income... (3) is adjusted gross income. Which one should I fill in?

In the letter says, if you filed form 1040EZ , use the adjusted gross income instead. My is 1040 form.

[dnoblett]

You did not file an I-1040EZ so it will not be adjusted gross income. You will be using total income.

[Randy W]

You file joint returns, so even though ONE of you has enough individual income to qualify as a sponsor, they can STILL insist that BOTH (joint) filers be on the same page as far as supporting the intending immigrant.

 

Then again, sometimes they'll just mindlessly badger you. Use discretion as to the best path to follow. Technically, he may need to fill out an I-864A to include his income.

 

Remember that "Enough" (as indicated on the I-864 instructions) isn't always ENOUGH - they are required by law to consider the "totality of circumstances" in determining whether the intending immigrant may become a public charge while in the U.S.

[newacct]

It doesn't matter how you filed it, jointly with someone or otherwise. You need to fill the exact number it says on the "total income" line on your tax return.

[Randy W]

It doesn't matter how you filed it, jointly with someone or otherwise. You need to fill the exact number it says on the "total income" line on your tax return.

 

 

From the I-864 instructions,

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income For persons filing IRS Form 1040EZ, the line for adjusted gross income will be considered.

 

 

 

The words "required" and "considered" have ENTIRELY different meanings.

 

It is YOUR (the person filing the I-864 or I-864A) responsibility to document the Current Individual Annual Income that is claimed, sometimes above and beyond what is reported on the tax returns.

 

Read the I-864 instructions under Current Individual Annual Income

You may include evidence supporting your claim about your expected income for this current year . . . If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income.

 

 

 

Here is a discussion of Individual Income vs. Total Income as reported on your tax return - there IS a difference

 

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