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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28824
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith, I'm filing form I

Customer Question

hi Judith, I'm filing form I-864 for my wife. I'm self employed and I had a loss last few years due to some investments. I file IRS 1040, in the I-864 instructions it says that the the gross income will be considered (Which is the income without any expenses).. Vs the adjusted gross income if IRS 1040EZ was used. I'm just just trying to make sure I understood that correctly because my gross income on my 1040 easily meets (3 times the requirement) the required federal poverty line, but how is it that they request the gross income without expenses?! I'm not complaining, but rather making sure it's what they require.
I appreciate your help more than you know.
Adam
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 years ago.
Do you file the 1040 or 1040 EZ?I'm not clear. I know what you have to put down but need to know which for so I can tell you which line Judith
Customer: replied 2 years ago.
I file the 1040, not the 1040EZ.
Customer: replied 2 years ago.
Hi Judith,I file 1040 with the IRS and I have the transcripts with me.. The last page shows all income and expenses information, which one do I use to meet the I-864 requirement. I will try to attach a copy here
Expert:  Judith Ludwic replied 2 years ago.
line 37 is what goes into #13 gross adjusted income on the I-864.If you file the 1040 you must put in the adjusted gross income. Read the instructions very carefully. those instructions are in there.My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 2 years ago.
Well, here's a copy/paste of a paragraph on page 6 of I-864 instructions which is what confused me and led me into paying $53 here to get the accurate answer:"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 1040 EZ, the line for adjustmed gross income will be considered".The answer you gave me is line 37 which is the ADJUSTED GROSS INCOME on IRS 1040, while I-864 instruction paragraph above is saying that GROSS INCOME will be considered. (Gross income on IRS 1040 is found in lines 1-3-5-7 of Part 1, not line 37).
I'm still confused, very confused.Adam
Customer: replied 2 years ago.
FOR JUDITH..Well, here's a copy/paste of a paragraph on page 6 of I-864 instructions which is what confused me and led me into paying $53 here to get the accurate answer:"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 1040 EZ, the line for adjustmed gross income will be considered".The answer you gave me is line 37 which is the ADJUSTED GROSS INCOME on IRS 1040, while I-864 instruction paragraph above is saying that GROSS INCOME will be considered. (Gross income on IRS 1040 is found in lines 1-3-5-7 of Part 1, not line 37).
I'm still confused, very confused.Adam
Expert:  Judith Ludwic replied 2 years ago.
I have been doing these for over 30 years, since they became a requirement.There is no "gross income: line on the 1040.Therefore you have to use line 37 adjusted gross income. That is your income you have available to live off of after all deductions and what USCIS looks at - it is gross total income.But i will defer to you and suggest you send an email to "*****@******.*** and request a refund and put what you think is the right line from your 1040.No problem, they will reverse the charge to your credit account..Judith
Customer: replied 2 years ago.
Ok thanks a lot I appreciate it Judith.