Q: Reg. the Affidavit of Support I-864, can I use a 1099-R annual amount minus AGI? W-2s are not issued for NJstate retires
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A:
For the I-864 Affidavit of Support, you can indeed use income reported on Form 1099-R as part of your total household income calculation. This includes retirement income, pensions, and annuities that are reported on this form.
When calculating your income for the I-864, you'll need to include all taxable income shown on your 1099-R. The key is that this income must be continuing and stable - meaning it's likely to continue for at least 3-5 years from the time you file the affidavit. Since state retirement benefits typically represent ongoing income, they generally qualify.
Keep in mind that while W-2s aren't issued for New Jersey state retirees, you should maintain copies of your 1099-R forms and tax returns as supporting documentation. USCIS may request these documents to verify your income claims. If your retirement income alone doesn't meet the required threshold (125% of the Federal Poverty Guidelines), you can combine it with other sources of income or consider using a joint sponsor.
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