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How does the USCIS calculate "adjusted gross income" for purposes of the Affidavit of Support, Form I-864?

Los Angeles, CA |

I am a U.S. Citizen. I filed a petition for my alien spouse, form I-130 and now I need to fill out a form I-864, Affidavit of Support and I'm wondering how the USCIS calculates adjusted gross income for this form. My income from the past three years was as follows:

2009-2010 - 40k (but the income was from China and I excluded the first 90k from income using the foreign earned income exclusion so my adjusted gross income shows "$0" on my tax return)
2011 -- 50k gross, 30k net USA income from operation of business -- but I had a large deduction from 2007 that carried forward as a net operating loss to make my adjusted gross income "$0" for this year as well.

How do I explain to the USCIS that, even though my adjusted gross income shows "$0" for all three years, I actually made money?

Attorney Answers 4


It would be in your best interest to hire an immigration attorney to prepare your Affidavit of Support, advise you of what financial evidence is required and to epresent you before USCIS. Do not rely on USCIS adjudicators to be able to read and interpret your tax return and other financial evidence.

If USCIS is not satisfied with your documents, it will send you a Request for Evidence (RFE), which can significantly delay your case. Failure to respond appropriately to an RFE will cause your case to be denied. Do yourself a favor and select one of the fine immigration attorneys on Avvo to assist you!

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From the tax returns.

In order to file an affidavit of support, you must be living in the US.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Your tax returns will, hopefully, tell the true story.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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You will likely need a cosponsor. Taxes are important at this stage and the government takes the financial ability of a sponsor very seriously. Any discrepancies in the sponsor or sponsor's taxes can greatly delay the process.

Dhenu Savla
SwagatUSA, LLC

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