Confused about which i 864 form to file

D

dzongrila

Registered Users (C)
Here is my case in a nutshell:

My EB 485 is stuck since 2004. Wife became a citizen recently. So planning to submit a fresh FB 485 along with i 130 and other related forms.

We both live in USA and I earn more than her. Under this scenario, which affidavit of support form does she need to file? Is it i 864 or i 864EZ?

If I declare my income in response to question 24b of form i 864, do I need to submit i 864A?

Please advise folks.
 
Does she meet the income requirement with her OWN income? If yes, she has the choice of using either (864 or 864EZ). If not, and she is combining your income, she needs to use I-864. Since you are the intending immigrant, no I-864A is needed in that case.
 
Thanks VisaNutz for your response. Yes, she does meet the income criteria with her OWN income and we are planning to go with 864EZ. As you know, she needs to submit copies of tax returns. We have been filing taxes jointly. Will it be an issue if the tax return has my name too but we are not filing i 864 and filing i 864EZ instead?
 
No, no problem. She is meeting the income requirement with her own income - NOT on the amount you made together last year. The form CLEARLY asks for the sponsor's CURRENT ANNUAL INCOME - and that is what's important.

In your case, the fact that you guys filed joint taxes will actually help show the bona-fide nature of your marriage.
 
Hey
I think VisaNutz is right. He has good knowledge. I hope above suggestion will help you.
All the best!!
 
Thanks everyone for your replies.
I am almost ready. Got another question for you folks.

I like to fill up the form on my laptop and then take printouts rather than using a pen. But I see that on certain forms and certain fields, there is not enough space to type in. If I use pen, I can probably squeeze in a few more letters. Now is this is a good idea to use your hand writings only in couple of places (except the signature of course) on a form while the rest of the form is typed in?

Also, on form i-130, I see this question:
21. If filing for your husband/wife, give last address at which you lived together.

Can I use my current address where we have been living for the past five years? Or does it have to be a previous address?
 
dzongrila said:
Thanks everyone for your replies.
I am almost ready. Got another question for you folks.

I like to fill up the form on my laptop and then take printouts rather than using a pen. But I see that on certain forms and certain fields, there is not enough space to type in. If I use pen, I can probably squeeze in a few more letters. Now is this is a good idea to use your hand writings only in couple of places (except the signature of course) on a form while the rest of the form is typed in?

Also, on form i-130, I see this question:
21. If filing for your husband/wife, give last address at which you lived together.

Can I use my current address where we have been living for the past five years? Or does it have to be a previous address?
Click to expand...

Yes, I used pen to write on those fields when not enough space with typed application. It's fine.

As for the address, "last" means the last one that you and your spouse live together. Last here doesn't mean "previous." :)
 
Thanks immbie. :)
Since you applied pretty recently, can you share with me what kind of support documents did you send? I can cross check mine. Did you send it to the Lockbox address or to the Express Courier address?
 
dzongrila said:
Thanks immbie. :)
Since you applied pretty recently, can you share with me what kind of support documents did you send? I can cross check mine. Did you send it to the Lockbox address or to the Express Courier address?
Click to expand...

Use a Lockbox, I don't see any advantage of using a courier service. Moreover, all immigrants should support the USPS, when last did you receive a letter from USCIS via a courier? The idea of using courier doesn't give any distinct advantage to the applicant, the receiver will just send it to the processing officials. USPS have a tracking service for about 50 cents.
 
dzongrila said:
Thanks everyone for your replies.
I am almost ready. Got another question for you folks.

I like to fill up the form on my laptop and then take printouts rather than using a pen. But I see that on certain forms and certain fields, there is not enough space to type in. If I use pen, I can probably squeeze in a few more letters. Now is this is a good idea to use your hand writings only in couple of places (except the signature of course) on a form while the rest of the form is typed in?

Also, on form i-130, I see this question:
21. If filing for your husband/wife, give last address at which you lived together.

Can I use my current address where we have been living for the past five years? Or does it have to be a previous address?
Click to expand...

Download FoxIT pdf reader, and the open the form with it. FoxIT has a "typewriter tool" that will allow you to "type" anywhere in the document, you can select the font/size etc. Just match the font and size with the rest of the typed fields.
 
dzongrila said:
Thanks immbie. :)
Since you applied pretty recently, can you share with me what kind of support documents did you send? I can cross check mine. Did you send it to the Lockbox address or to the Express Courier address?
Click to expand...

Documents for the I-864? I attached my paystub and employment letter, tax transcript. For the marriage, jointed bank acct, utilities, cable, car's title and insurance, house lease. The more "jointed stuff" you have, the better.

As for sending the package, I used the express courier because I used Fedex. But I think a lot of people use the regular mail though. It doesn't matter which one. Whichever you can afford and feel more comfortable.
 
One more quick question folks.

On i 864EZ part 19, it asks you to enter 'adjusted gross income'. Is it my 'Gross Pay' or is it 'Reported W-2 wages' after deducting Medical and Dependent FSAs?

Thanks in advance.
 
immbie said:
Documents for the I-864? I attached my paystub and employment letter, tax transcript. For the marriage, jointed bank acct, utilities, cable, car's title and insurance, house lease. The more "jointed stuff" you have, the better.
Click to expand...
The more you have, the better, but it's not always better to volunteer so much stuff. The more you volunteer, the more opportunity they have to nitpick and find a perceived issue with something or ask you something about a document that you don't have a good immediate answer for.

It's better to send only the basic required documents with the application -- tax transcripts, W-2, etc. and then bring the big stack of documents to the interview, showing them on an as-needed basis according to what is being asked and said in the interview.
 
dzongrila said:
One more quick question folks.

On i 864EZ part 19, it asks you to enter 'adjusted gross income'. Is it my 'Gross Pay' or is it 'Reported W-2 wages' after deducting Medical and Dependent FSAs?

Thanks in advance.
Click to expand...


Oh the dreaded question AGAIN!!
Do you understand that "adjusted gross income" is actually an IRS term which refers to a calculated amount? Did you read the form? The form CLEARLY says

"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."


When you entered an amount in your 1040 (or whatever variation of 1040) form in the "Adjusted Gross Income" field, did you make up that amount out of thin air or did you copy it from another field from your W-2? You didn't do EITHER. The form instructs you like add line x, y, subtract z etc etc to determine that amount and USCIS is interested IN THAT PARTICULAR AMOUNT - not what your interpretation of what gross income is.

Get your copy of 1040, find the line that says "adjusted gross income" and copy the amount in that field to 864EZ line 19.


Also - one other thing - "Gross income" on W-2, and "AGI" on 1040 are NOT THE SAME. The gross income on W-2 simply means amount paid before any withholding. However, AGI is adjusted amount. Because, W-2 is NOT the only form of income statement, there are many ways to show income, such as 1099, 1099-INT, investment etc etc. AGI is the TOTAL of all income minus any allowable loss/interest etc. See, it's not ALWAYS the same as gross income reported on W-2s.
 
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Thanks VisaNutz. The only issue is we file taxes jointly. So that line is going to show our joint income. But on 864EZ, we were going to show just my wife's income (at least that's the plan). If I put our gross income on 19, it's going to be significantly higher than the figure in line 18 which is just 'individual annual income'. Your thoughts?
 
dzongrila said:
Thanks VisaNutz. The only issue is we file taxes jointly. So that line is going to show our joint income. But on 864EZ, we were going to show just my wife's income (at least that's the plan). If I put our gross income on 19, it's going to be significantly higher than the figure in line 18 which is just 'individual annual income'. Your thoughts?
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Yeah, so?
You need to use LOGIC man - it will help you get through clutters in life.

Which amount do you think USCIS validates an 864 on - sponsor's current income, or last year's household income? What if someone who wants to be a sponsor files 864, and he has no job now, but made 20 times the income requirement last year. Would USCIS accept the AOS?
How about, someone who NEVER earned a dime in his life, but now has a job with an income that exceeds the income requirement, would USCIS accept this AOS?

The first is a NO, the second is a YES. Because, sponsor's CURRENT ANNUAL INCOME is what that matters. And, I am sure you noticed that the form SPECIFICALLY ASKED for that informationin line 18.

Now, for line 19, USCIS has EXPLICITLY asked to put the SAME AMOUNT from the line in 1040 that says AGI. IT IS NOT YOUR CONCERN IF THESE TWO AMOUNTS DO NOT MATCH. So, put the amount that USCIS asked for.

Also, if you are still not certain, put whatever you think the amount should be, and if it is different from your AGI in 1040, you will get an RFE saying the data on 864 doesn't match the tax return.
 
Thanks once again. I am trying my best to do things the right way so that I don't get a RFE.

Do you think in my case, I am better off by filing 864 and not 864EZ where on line 24a we show my wife's income and on 24b we show my income (I also check 24e) and then we use the AGI on 25? That way USCIS can see on 864 itself where the AGI figure is coming from rather than having to find it on 1040. Or do you think it's not really necessary?
 
dzongrila said:
Thanks once again. I am trying my best to do things the right way so that I don't get a RFE.

Do you think in my case, I am better off by filing 864 and not 864EZ where on line 24a we show my wife's income and on 24b we show my income (I also check 24e) and then we use the AGI on 25? That way USCIS can see on 864 itself where the AGI figure is coming from rather than having to find it on 1040. Or do you think it's not really necessary?
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No, makes no difference AT ALL.
She meets income obligation by herself.
You don't have to explain where the AGI figure is coming from - AGI comes only from one place - that's the line on 1040 that says "Adjusted Gross Income". USCIS will not give you ANY issues if they are different.
 
dzongrila said:
Thanks once again. I am trying my best to do things the right way so that I don't get a RFE.

Do you think in my case, I am better off by filing 864 and not 864EZ where on line 24a we show my wife's income and on 24b we show my income (I also check 24e) and then we use the AGI on 25? That way USCIS can see on 864 itself where the AGI figure is coming from rather than having to find it on 1040. Or do you think it's not really necessary?
Click to expand...


Dzongrila.

That's the reason he is called VizaNutz.... He is a NUTZ for his green card...
 
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