I-864 Total Income vs Adjusted Gross Income

[mikeymark]

Hello,

 

I am now filling out form I-864 for my step daughter and I am concerned as to whether my income qualifies. I am retired and receive SS plus I draw monthly from my IRA. This gross total is sufficient to exceed the poverty level but on my Tax Form the Adjusted Gross Income is well below the minimum.

 

Will USCIS use the larger pre tax total income described above.

 

Mike

Edited October 23, 2018 by mikeymark (see edit history)

[Randy W]

Your SS income is entered in line 20a, and IRA distributions on line 15a, as well as the 1099 forms.

 

It is YOUR responsibility to tell THEM what your income is, if you don't think your tax returns present an accurate picture. I always recommend a cover sheet in these circumstances.

They are required by law to look at the totality of circumstances above and beyond the I-864 in deciding whether she might become a public charge in the U.S.

[Randy W]

Your SS income is entered in line 20a, and IRA distributions on line 15a, as well as the 1099 forms.

 

It is YOUR responsibility to tell THEM what your income is, if you don't think your tax returns present an accurate picture. I always recommend a cover sheet in these circumstances.

 

They are required by law to look at the totality of circumstances above and beyond the I-864 in deciding whether she might become a public charge in the U.S.

 

 

If you are planning to INCREASE your IRA withdrawals to cover her expenses, you can also point this out.

[mikeymark]

Thank you very much Randy,

 

That's a great idea to include a cover letter explaining my IRA plans. Another question, if I may. I also have a decent amount of equity in my home which I listed on the I-864 (less the remaining mortgage). Any idea or thoughts on how much they will consider this towards the required support?

[Randy W]

Thank you very much Randy,

 

That's a great idea to include a cover letter explaining my IRA plans. Another question, if I may. I also have a decent amount of equity in my home which I listed on the I-864 (less the remaining mortgage). Any idea or thoughts on how much they will consider this towards the required support?

 

A home is a non-liquid asset, so it's not clear how much it will weigh on your case.

 

It would seem that you might consider a joint sponsor. That being said, I tend to think that a joint sponsorship is a VERY heavy commitment to ask of someone else.

 

All you can do is to submit what you can (don't forget to include your IRA assets), and hope it goes in your favor. I'm guessing it will. But it's all at the discretion of the officer examining your application.

[mikeymark]

Do I really need a lawyer to process my step daughter's I-864 & DS-260 or is it easy enough to complete myself. Just wondering if I need to spend nearly $2,000 for lawyer? Decisions....Decisions. I would love to hear your thoughts on this.

Edited October 29, 2018 by mikeymark (see edit history)

[Randy W]

Do I really need a lawyer to process my step daughter's I-864 & DS-260 or is it easy enough to complete myself. Just wondering if I need to spend nearly $2,000 for lawyer? Decisions....Decisions. I would love to hear your thoughts on this.

 

Lawyers are expensive, but they can look at your exact circumstances, which we can't. It's very rare that they earn their keep in filling out forms for you, but only you can make that decision.