affidavit of support/net or gross income

54belgo

Registered Users (C)
Doing direct consular filing. Have to provide an affidavit of support for my husband who is immigrating to the States. I am looking at the 2005 poverty guidelines to see the minimum requirements needed on the affidavit and tax returns to see if I need to show something else (assets, another sponsor)since my income is somewhat low. Question: will the consulate look at my gross income compared to the poverty guidelines or my net income? The Department of Health and Human Services that provides the guidelines says that it really depends on the agency. Does anyone know what the agency (immigration, HS, consulate) will look at? thanks!!!
 
54belgo said:
Doing direct consular filing. Have to provide an affidavit of support for my husband who is immigrating to the States. I am looking at the 2005 poverty guidelines to see the minimum requirements needed on the affidavit and tax returns to see if I need to show something else (assets, another sponsor)since my income is somewhat low. Question: will the consulate look at my gross income compared to the poverty guidelines or my net income? The Department of Health and Human Services that provides the guidelines says that it really depends on the agency. Does anyone know what the agency (immigration, HS, consulate) will look at? thanks!!!

The income reported on your W2 or 1099 or your federal tax return would be used. It would be the gross income. Look here
http://uscis.gov/graphics/publicaffairs/factsheets/affaqa.htm

18. Which income line from the federal tax return is used for income determination?


The line for gross (total) income on IRS Forms 1040 (line 22 in 1996) and 1040A (line 14 in 1996) is used to determine income. The line for adjusted gross income is used for persons filing IRS Form 1040 EZ (line 4 in 1996).
 
Thank you. I forgot to say that I am self employed. Which confuses me because on the 2003 schedule C (form 1040) Part 1, line 7, it says Gross income $22,000 but if I refer to line 12 on the FORM 1040 it says "Business Income $10,200". Which one counts?
 
Had the same problem. My wife is real state agent and the same thing, we look at the schedule C and that’s what we put on the form. However, later on I found out about line 14 and freak out call Immigration talk to like 15 different people and they couldn’t tell me either. I never received any RFO and I got interview letter. So will see what happens, but I suggested my wife that we will include my income and also assets in updated I-864 for the interview, just to make sure. Better to be safe than sorry.
 
Thank you! I heard from someone I consult privately (not a lawyer) that it is the gross income they look at, not just the business income. So for me, it is the higher number I suppose. But as you said, better safe than sorry. Thank you for your input.
 
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