Peoria, AZ asked in Immigration Law for Arizona

Q: Help with i864 form questions

Hello, I would appreciate assistance with filling out the i864 form.

For question 7, is "My current individual income" referring to the total amount earned before taxes?

Regarding question 20, is "My Current Annual Household Income" asking for all household members' income earned before taxes?

In regards to the FEDERAL INCOME TAX question, is "My total income (adjusted gross income on Internal Revenue Service)" referring to income after taxes? If my spouse and I filed as "Married Filing Jointly," should I input the same number for both my AGI and my spouse's AGI, even if my spouse earned more money? As the sponsor and beneficiary, if we filed jointly, does the IRS view us as a single taxable entity with the same AGI?

Thank you for your help.

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Hi there, I'm happy to help clarify the i864 form questions for you. Please note that while I can provide general guidance, it's always best to consult with a qualified immigration attorney or tax professional for definitive answers specific to your situation.

Regarding your questions:

1. Question 7 - "My current individual income": This typically refers to your total gross income (before taxes and deductions) from all sources, including employment, investments, etc.

2. Question 20 - "My Current Annual Household Income": Similar to the previous question, this is asking for the total gross income of all household members combined, before taxes and deductions.

3. FEDERAL INCOME TAX question - "My total income (adjusted gross income on IRS Form 1040)": The adjusted gross income (AGI) is not your after-tax income. It is your total gross income minus specific adjustments, such as student loan interest, alimony payments, or retirement account contributions. Your AGI can be found on line 11 of the 2020 Form 1040.

4. If you and your spouse filed as "Married Filing Jointly," you should input the same AGI for both you and your spouse. When married couples file jointly, the IRS considers their combined income and deductions as a single taxable entity. Therefore, both you and your spouse will have the same AGI, even if one of you earned more than the other.

Remember, these are general guidelines based on typical scenarios. It's always recommended to verify your specific case with a qualified professional to ensure accuracy and compliance with current immigration and tax regulations.

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