Is an IRS transcript necessary for our situation? (I-864 and new job)

[keenanmt 0]

Background: I'm in America on a j-1 visa until September. I've married my girlfriend (USC) and assembled the majority of the paperwork to submit a simultaneous I-130 and I-485 package. One last stumbling block we're facing concerns the I-864 (Affidavit of Support).

My wife was working abroad for the last 3 tax years and failed to file her taxes here in the states (she is in the process of doing so now as to be in compliance). However, since the beginning of this year (2016) she has started a new job here in America with a salary which is well above the means test to support me for the I-864.

This is the job she will be referring to concerning how she is eligible to support me. I assume she should be writing a letter explaining her current job situation and supplying letters from her current work and copies of her pay stubs for her current job?

Regarding previous tax returns, is it necessary for her to acquire official IRS transcripts for her taxes paid last year? Or would a photocopy of her tax forms for last year suffice? We are wondering this as her previous tax year doesn't seem as relevant as her current job which doesn't fall under last year's tax.

Thanks so much for your help, we really really appreciate it!

[BearInABox 0]

You need the most recent year tax transcripts. That is absolutely necessary. However, having previous 3 years of tax returns can also help to avoid any questions or RFEs (but it's not required). I also started my new job this year, and sending in a few recent paystubs never hurts.

Also acquiring tax return transcripts is very easy. You just go to IRS website and order them by mail for free and you will get them in a few days.

[keenanmt 0]

Thanks Bearinabox. The only reason I was even asking is that we don't like the idea of having to wait for these taxes to file and then request the transcript. Could easily add on 2 months I fear, but like you say, it's necessary.

Did you write a letter explaining how you had since the previous tax year you had gotten a new job? In our case my wife's last job wouldn't put her in the bracket to pass a means test but her new job does hence why we'd be writing such a letter.

Thanks again!

[BearInABox 0]

Thanks Bearinabox. The only reason I was even asking is that we don't like the idea of having to wait for these taxes to file and then request the transcript. Could easily add on 2 months I fear, but like you say, it's necessary.

Did you write a letter explaining how you had since the previous tax year you had gotten a new job? In our case my wife's last job wouldn't put her in the bracket to pass a means test but her new job does hence why we'd be writing such a letter.

Thanks again!

No I didn't write them a letter. Generally they understand how the system works and the transcripts wont reflect your newest job. Paystubs should be enough, but having a letter doesn't hurt. More documentation is always good. A letter from employment from your girlfriend's employer stating the salary and employment start date is also good documentation.

As far as timing is concerned, IRS is very good at processing returns. If you file them, the transcript is available within a couple of weeks. Just dont send USCIS your packet with a missing tax transcript! It will delay your process.

Goodluck!