I-130 affivadit of support form I-864 questions

[miamicuse]

I am sponsoring my sister's family and am trying to find out some specifics as the form and it's instructions are sometimes confusing even contradictory. I am looking at the form which is i-864.pdf and it's instructions which is i-864instr.pdf both downloaded from USCIS.

Page 5 Part 6 - I am currently self employed. Item 2 asks for "current annual individual income". Since I am self employed and run a business, is it expecting the gross income of the business or the net profit of the business? I am guessing it means the net profit.

Page 6 19a,b,c - It asked me for the "adjusted gross income" on form 1040EZ. Since I am married and filing jointly I don't use form 1040EZ but the regular form 1040. Thus the adjusted gross income field on that form is an adjusted gross income for both of us with everything rolled into one, wages, profit and loss from business, passive rental income, capital gains, interest and dividends...they obviously wanted to know my "individual" adjusted gross income, but there isn't one. It is either "individual wages" or "combined adjusted gross income". Which one is it? The reason this is important is my individual income is low but the combined adjusted gross income is higher (like 10 times higher) due to income from dividends, rental, and capital gains.

On including Federal tax returns, on the form it say "NOTE: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year". The way I am reading this is that you must include the most recent return but don't bother including any more than that. But in reading the instructions document it says "Obtaining Tax Transcripts. You may use IRS Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on Item Number 19.a. - 19.c. Follow all instructions for completing and filing Form 4506-T with the IRS." which seems to suggest you need to request all three years? I am confused.

Then on the instructions it stated further that "For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered". OK is it considering total gross income combined or is it considering individual earned wages?

Then there is this paragraph..."If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income." I read this over a dozen times. I am still confused what the second sentence means.

Finally, when the form says "OPTIONAL" does it mean it may help or does it mean don't over complicate things. If my income is above the necessary minimum to sponsor my sister's family, should I include stocks holdings, real estate holdings, etc...I could because it would seem to make a stronger case, but it would require a recent appraisal of all my rentals and that means ordering a new appraisal for 8 properties which would cost me $3000+. so would it make a difference to make a stronger financial position, or once you are over the minimum, it doesn't matter if it's $1 over or 10 million dollars over?

Thanks in advance!

[rayb]

Miamicuse,

Please see my responses in CAPS after each paragraph:

I am sponsoring my sister's family and am trying to find out some specifics as the form and it's instructions are sometimes confusing even contradictory. I am looking at the form which is i-864.pdf and it's instructions which is i-864instr.pdf both downloaded from USCIS.

AT FIRST READING, IT MAY SEEM CONTRADICTORY, BUT IT'S REALLY FAIRLY CONSISTENT.

Page 5 Part 6 - I am currently self employed. Item 2 asks for "current annual individual income". Since I am self employed and run a business, is it expecting the gross income of the business or the net profit of the business? I am guessing it means the net profit.

'CURRENT ANNUAL INDIVIDUAL INCOME' USUALLY REFERS TO NET BUSINESS INCOME, I.E., INCOME AVAILABLE TO YOU FOR PERSONAL USE.

Page 6 19a,b,c - It asked me for the "adjusted gross income" on form 1040EZ. Since I am married and filing jointly I don't use form 1040EZ but the regular form 1040. Thus the adjusted gross income field on that form is an adjusted gross income for both of us with everything rolled into one, wages, profit and loss from business, passive rental income, capital gains, interest and dividends...they obviously wanted to know my "individual" adjusted gross income, but there isn't one. It is either "individual wages" or "combined adjusted gross income". Which one is it? The reason this is important is my individual income is low but the combined adjusted gross income is higher (like 10 times higher) due to income from dividends, rental, and capital gains.

FROM FORM 1040, USE INCOME AMOUNT ON LINE 22 OF PAGE 1.

On including Federal tax returns, on the form it say "NOTE: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year". The way I am reading this is that you must include the most recent return but don't bother including any more than that. But in reading the instructions document it says "Obtaining Tax Transcripts. You may use IRS Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on Item Number 19.a. - 19.c. Follow all instructions for completing and filing Form 4506-T with the IRS." which seems to suggest you need to request all three years? I am confused.

MOST RECENT TAX RETURN COPY, OR MOST RECENT TAX TRANSCRIPT COPY.

Then on the instructions it stated further that "For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered". OK is it considering total gross income combined or is it considering individual earned wages?

FROM THE FORM 1040, LINE 22.

Then there is this paragraph..."If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income." I read this over a dozen times. I am still confused what the second sentence means.

IT MEANS WHAT IT SAYS: FOR TAX RETURN COPY, SUBMIT ALL SCHEDULES WHICH ARE NORMALLY SUBMITTED TO IRS WHEN PAPER FILING. FOR TAX TRANSRIPT COPIES, SEND ONLY THE TAX TRANSCRIPT, WHICH IS 2-4 PAGES.

Finally, when the form says "OPTIONAL" does it mean it may help or does it mean don't over complicate things. If my income is above the necessary minimum to sponsor my sister's family, should I include stocks holdings, real estate holdings, etc...I could because it would seem to make a stronger case, but it would require a recent appraisal of all my rentals and that means ordering a new appraisal for 8 properties which would cost me $3000+. so would it make a difference to make a stronger financial position, or once you are over the minimum, it doesn't matter if it's $1 over or 10 million dollars over?

SEND ONLY YOUR TAX RETURN COPY, PROOF OF SELF EMPLOYMENT STATUS (PERMITS OR LICENSE COPIES), W2 AND/OR 199-MISC COPIES, COPIES OF CONTRACTS FROM PAYERS FOR YOUR SELF-EMPLOYMENT INCOME. BUT ALSO INCLUDE PROOF OF YOUR U.S. STATUS (US BIRTH CERT OR NATURALIZATIN CERT, OR GREEN CARD).

Thanks in advance!

[miamicuse]

rayb, thanks for the reply.

I am still not sure I follow completely.

My "individual wages" is lower than what is required for the sponsorship. If I include my capital gains, dividends, real estate rentals...then it does. But that is reflected in the adjusted gross income (1040 line 22). I was thinking for that number to be completely relevant, I must include my spouse in the sponsorship, just so her wages income would be inclusive as that's what line 22 is. So I do the I-864 form, she does the I-865a form, both of our wages and other incomes are reflected. However this means on my I-864 and her I-864a forms, we would be entering the total adjusted gross income for the three previous text years - on both forms. Would USCIS interpret that to be our combined income or individual income? I don't want them to reject the AOS because they think we are reporting twice our income on two forms.

As to what forms to submit with the tax returns, my intepretation is either you submit your own copy of tax returns with all w2s and 1099s, or you submit the tax transcript with NO forms. That seems clear until I read the instructions. "If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns (I WILL BE PROVIDING TAX TRANSCRIPT) rather than a photocopy unless you filed a joint income tax return with your spouse (WHICH IS TRUE IN MY CASE JOINT RETURN) and are qualifying using only your income (WHICH IS FALSE BECAUSE I AM USING BOTH INCOMES).". Thus my confusion, do I include our W2s and 1099s or not?

I tried to call USCIS for clarity and they told me they are not allowed to explain their forms I need to contact a lawyer.

[rayb]

The I-864 form allows reporting of income in two different sections:
1. Annual income
2. Tax return income

The annual income amount for page 4, #2 , is your individual estimated annual income.
The tax return amount (you only need to show most recent tax year, 2015) is the total income from line 22 of your Form 1040, Federal Income Tax Return.

The I-864A form for the household member (your wife) handles annual income and tax return amounts as described above for the I-864.


--Ray B

rayb, thanks for the reply.

I am still not sure I follow completely.

My "individual wages" is lower than what is required for the sponsorship. If I include my capital gains, dividends, real estate rentals...then it does. But that is reflected in the adjusted gross income (1040 line 22). I was thinking for that number to be completely relevant, I must include my spouse in the sponsorship, just so her wages income would be inclusive as that's what line 22 is. So I do the I-864 form, she does the I-865a form, both of our wages and other incomes are reflected. However this means on my I-864 and her I-864a forms, we would be entering the total adjusted gross income for the three previous text years - on both forms. Would USCIS interpret that to be our combined income or individual income? I don't want them to reject the AOS because they think we are reporting twice our income on two forms.

As to what forms to submit with the tax returns, my intepretation is either you submit your own copy of tax returns with all w2s and 1099s, or you submit the tax transcript with NO forms. That seems clear until I read the instructions. "If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns (I WILL BE PROVIDING TAX TRANSCRIPT) rather than a photocopy unless you filed a joint income tax return with your spouse (WHICH IS TRUE IN MY CASE JOINT RETURN) and are qualifying using only your income (WHICH IS FALSE BECAUSE I AM USING BOTH INCOMES).". Thus my confusion, do I include our W2s and 1099s or not?

I tried to call USCIS for clarity and they told me they are not allowed to explain their forms I need to contact a lawyer.

[miamicuse]

Ray B, thanks for your patience in pointing me in the right directions.

I think I have a dilemma here.

I, as the petitioner, has three members in my household (myself, wife, son) and all of us are US citizens. I am sponsoring my sibling, a family of four. So the total household size would be seven.

The affidavit of support calls for 125% of income above the federal poverty guideline for that household size. I looked up from the web site https://aspe.hhs.gov/poverty-guidelines and for the year 2016, that number for a household size of seven is $36730. 125% of that is $45912.5, let's just call it $46000. So I need 46K of annual income to qualify, correct?

Now. if I just look at my W2s, NET profit from business, that adds to $35000 only. That alone does not qualify.

But if I add in 1099s (interest income, dividends...) that is another 40K. But these incomes are joint income. As my stocks, bonds, bank accounts etc...are all under both me and spouse. If I assume say 50% of that is "individually mine", thus adding 20K to my income to make it $55K, I now pass the 46K threshold. But will USCIS count a portion of joint income from interests and dividends as individual income? I am not sure. My gut says this is a slippery slope.

My other option is to include my spouse wages, which is another 80K, which would definitely put us above the threshold, but that would require her to file a I-864A. Which is another form.

The reason I am scratching my head on is when filing a joint return, there are income that are earned jointly, such as dividends and interests, which is significant in my case, and can put me above or below the 46K threshold.

[rayb]

Miamicuse,

Your wife will have to include her I-864A with your sponsorship package.

On each form (I-864 and I-864A) for total income (estimated annual), count only individual estimated annual income. But for income tax income, report total income from form 1040, line 22.

--Ray B

Ray B, thanks for your patience in pointing me in the right directions.

I think I have a dilemma here.

I, as the petitioner, has three members in my household (myself, wife, son) and all of us are US citizens. I am sponsoring my sibling, a family of four. So the total household size would be seven.

The affidavit of support calls for 125% of income above the federal poverty guideline for that household size. I looked up from the web site https://aspe.hhs.gov/poverty-guidelines and for the year 2016, that number for a household size of seven is $36730. 125% of that is $45912.5, let's just call it $46000. So I need 46K of annual income to qualify, correct?

Now. if I just look at my W2s, NET profit from business, that adds to $35000 only. That alone does not qualify.

But if I add in 1099s (interest income, dividends...) that is another 40K. But these incomes are joint income. As my stocks, bonds, bank accounts etc...are all under both me and spouse. If I assume say 50% of that is "individually mine", thus adding 20K to my income to make it $55K, I now pass the 46K threshold. But will USCIS count a portion of joint income from interests and dividends as individual income? I am not sure. My gut says this is a slippery slope.

My other option is to include my spouse wages, which is another 80K, which would definitely put us above the threshold, but that would require her to file a I-864A. Which is another form.

The reason I am scratching my head on is when filing a joint return, there are income that are earned jointly, such as dividends and interests, which is significant in my case, and can put me above or below the 46K threshold.