Question on I-864EZ

[kdatyeva]

Hi,
I have a question about taxes on I-864EZ . I will be using my income only to petition for my husband, with whom we always file a joint tax return. What shall I put under the "My most recent annual income as on 1040" - shall I put the joint adjusted income or somehow calculate mine but then the tax transcripts will show the joint income anyway.
Thanks!

P.S. Shall we fill out the regular I-864, adding his income as well (even though I qualify with mine only) just to eliminate this whole joint tax confusion thing?

[Desi4ever]

I'm exactly in the same situation and have the same question.

If I do not get a reply in this forum, I was thinking of going ahead and putting only my income in Part 5 Q 19 instead of annual gross income is which your mine + wife's combined AGI and providing copies of last 3 months paystubs and last 3 yrs W2

[stockrex]

not sure how you did your taxes, but there is a worksheet, MFJ vs MFS Comparision Worksheet which actually breaks down Taxpayer and Spouse.

fyi: my accounted provided this to me.

[VisaNutz]

It would help if you had read the instructions included with the form I-864EZ

Your current income IS NOT THE SAME as how much you made last year according to last year's tax return. Your current income is SIMPLY how much you MAKE NOW! So, that's how much you put in line 18.

Now to the question asked by the OP:

What part of the "My total income (adjusted gross income on IRS Form 1040EZ)" is hard to understand? If you read the instructions, you will notice this paragraph on page 5:

"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."

So, you put the AGI from your tax return. If you filed joint, both yours and your spouse's AGI is ONE SINGLE NUMBER. It's not one amount for your spouse and a different amount for you. You put ANY OTHER amount other than what's on your tax return (you are submitting a transcript/ copy of tax return with it), you are submitting false info.

[VisaNutz]

Originally Posted by stockrex

not sure how you did your taxes, but there is a worksheet, MFJ vs MFS Comparision Worksheet which actually breaks down Taxpayer and Spouse.

fyi: my accounted provided this to me.

What's the need for it? Where in the form does USCIS ask for income breakdown?

USCIS just asks for

1. your CURRENT INCOME, MEANING THE ANNUAL INCOME YOU HAVE NOW - which is INDEPENDENT of what your tax filing status or AGI was last year or EVER, or even if you've never filed for taxes.

And
2. The AGI from your last year's tax return - doesn't matter how you filed - single/joint or in a group with the whole country on one 1040 form - if you filed a tax return, then YOU HAVE ONLY ONE AGI - that you calculated on your 1040 (or its variations) form. THAT'S THE NUMBER USCIS IS INTERESTED IN.

[stockrex]

this is how I read it:
1. EZ for is for support through SOLE income of the sponsor
2. I am not providing a contract between moi and my wife, so I am not including my wife's income from previous tax for apples to apples comparision.

USCIS may not care...

[VisaNutz]

Originally Posted by stockrex

this is how I read it:
1. EZ for is for support through SOLE income of the sponsor
2. I am not providing a contract between moi and my wife, so I am not including my wife's income from previous tax for apples to apples comparision.

USCIS may not care...

AGI is not dependent on someone's interpretation of what is should be. It's a calculated number that you already have if you have filed taxes.

Who told you that USCIS looks at the tax returns to determine your income? USCIS is already asking what your current annual income is (q 18 in 864EZ). In addition to that, it is asking for AGI from your tax return - NOT your individual income from last year.

Look, AGI and individual income IS NOT THE SAME. Even if you had filed single, these two terms are NOT interchangeable. AGI accounts for many things like deductions, interest income etc. Last year you filed tax return right? And I am sure you didn't file 2 or 3 or 5 returns, just 1. In that case, there is only ONE AGI that USCIS is asking for - NOT your interpretation of what this number should be.