How to calculate income on I-864 form for intending immigrant?

[duykhang91]

I am an international student and currently working using an Optional Practical Training (OPT) employment authorization card (EAD). I started working on August 2016 so my last W-2 tax income only count for about 4 months. Now I would like to do Adjustment of Status for when I get married. My spouse currently has a job offer but has not started working yet so I have to file my income to support her on form I-864. So on the income part of the form, do I put my income as: Pay Rate * 40 hours * 52 weeks, or the income that is shown on my W-2 form?
Thank you in advance and have a wonderful day.

 

[FlyingRon]

You've completely lost me. You're adjusting YOUR status based on what? What is your wife's immigration status? What makes you think as an F-1 on OPT you can file an affidavit to support her at all or are you talking about her filing an affidavit to supprt you. You fill out the form based on what you are currently making. This is not your last years W-2. It is for what you expect to get paid for the year at your current job (which probably is likely your current pay adjusted for an annual basis (your rate*40*52 is probably a reasonable way to calculate it).

You did read the instructions for the form didn't you?

 

[duykhang91]

You've completely lost me. You're adjusting YOUR status based on what? What is your wife's immigration status? What makes you think as an F-1 on OPT you can file an affidavit to support her at all or are you talking about her filing an affidavit to supprt you. You fill out the form based on what you are currently making. This is not your last years W-2. It is for what you expect to get paid for the year at your current job (which probably is likely your current pay adjusted for an annual basis (your rate*40*52 is probably a reasonable way to calculate it).

You did read the instructions for the form didn't you?

Thank you for your reply, FlyingRon. Your information is really helpful. My apology for not being clear. My wife is a US citizen. She recently stopped working since September 2016. According to the form, it says that if the sponsor, who is my wife, could not support then the intending immigrant, who is me, could provide the income in the form as the support.

 

[FlyingRon]

Understand that it is your wife that is submitting this form, not you. It is her signature, on this where she promises to keep you off the dole.

Yes, she can put your income on the form. Yes, your method of "annualizing" the proposed salary is fine. One thing you need to make sure you have is a statement from your employer (or other assurance) that your OPT income will continue after you change your status.

Note that once you do get your LPR, you need to quickly inform your employer that you are no longer a student on an F1 visa and they need to change the tax withholding accordingly.

 

[duykhang91]

Understand that it is your wife that is submitting this form, not you. It is her signature, on this where she promises to keep you off the dole.

Yes, she can put your income on the form. Yes, your method of "annualizing" the proposed salary is fine. One thing you need to make sure you have is a statement from your employer (or other assurance) that your OPT income will continue after you change your status.

Note that once you do get your LPR, you need to quickly inform your employer that you are no longer a student on an F1 visa and they need to change the tax withholding accordingly.

Thank you for very quick response and the advise, FlyingRon. I will definitely keep that in mind and double check the instruction to make sure that I don't miss anything. Enjoy your weekend