Hi, all. I'm gathering documentation in support of my I-864, and I have three questions.

1. I have an official letter from my employer that states my exact gross salary (not something I requested for this process ... I get them annually anyway), but the total income from my W-2 never matches this number due to pre-tax deductions for health/dental insurance. I feel like I should send the employer letter with my I-864 because my gross salary is higher than the W-2 reflects, but since I also have to send tax returns I feel like it might create a problem when the adjudicator sees that the numbers don't match. What should I do?

2. If the time comes to submit my I-864 before I have prepared my 2006 tax return, do I:

a ) Send NVC the returns for 2003-2005 instead?
b ) Send the 2004 and 2005 returns plus my W-2 for 2006?
c ) Send the 2004 and 2005 returns plus a "rough draft" of my 1040 for 2006?
d ) Other? (please advise)

3. If I owed taxes on my last three returns, should I send proof that the tax was (eventually) paid in full, or won't they care about that? A related concern that may be answered by your response to part one of this question ... I will owe tax this year as well, which is why I would be inclined to file closer to April. If I have to send the I-864 before I can pay this new tax bill, will it matter?

I'm sorry these questions are rather boring and complicated, but I didn't find these issues in the archives.

Thanks for your help & advice,

Alice

All they are conserned with is that you make enough to support the person that you sponsor, If you make more than 125% of the poverty line consider filing the I-864EZ, the instructions state all that is needed to include with them is tax transcripts from the last filing year, 2005, if you want you can give them transcripts from past 3 years. Optional are the letter from the employer, and several recent pay stubs. They understand that the numbers may not be the same for pre-tax deductions, ect..

See http://www.irs.gov/faqs/faq1-6.html for tax transcripts.
And http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD for I-864EZ

The 'last filing year' will be 2006 if I submit the I-864 after January 1. Please read my post again ... if one of the options I am asking about involves sending them my 2006 W-2, then we're talking about a scenario where my I-864 isn't sent until 2007. That's why I asked.

Yodrak? Aussie? Meauxna? Can any of you support or clarify any of YuandDan's answers?

No offense, YuandDan, but since you didn't read my post very thoroughly I feel the need for a second opinion. If that second opinion supports yours completely, then I apologize in advance for doubting your answer.

Alice

1. Submitting an I-864EZ results in them looking at your Adjusted Gross Income, regular I-864 and they look at the Gross Income. I would suggest the letter and the tax return. Really all that matters is that you are making the 125% poverty for your family size.

2. You would send the last three completely filed years - if you have not filed 06, then send 05-04-03. Your paycheck stubs or letter from Employer would prove your income for the 364 days of this year!!!!

3. I have never seen that it matters if you owe taxes - they dont approve based on credit, bills, etc... The only thing the directions say is that you need to have FILED for the last three years, and if you havent it needs to be caught up.

Hope that helps! I'm no IRS Agent or Attorney, but I am just deciphering the directions and going on experience or what I have read of others' experiences!

PS... In the case that you had to send your I-864 after the first of the year, but before you are able to file, I believe that you would not owe a copy or "rough draft" until the official deadline of tax season - what is that, April? Because technically you were not required to file until then. So again, back to showing proof for 05, 04, 03 and sending proof of current income for 06.

Alice,

1. The most important bit of information is your current income on an annualized basis, not how much total income you've earned in the past - that's possibly useful information but secondary. So by all means you want to submit a letter from an employer that states your current earnings as well as pay statements that also show your current earnings. As for the W-2 and 1040 forms, case officers file tax returns just like the rest of us. They understand that there are some pre-tax deductions from earnings that affect the numbers to be reported for tax purposes.

2. You submit your most recent tax return along with your I-864 unless there is some reason under the tax code that exempts you from the requirement to file a tax return, in which case you cite that reason. If submitting more returns than the 1 most recent one makes your financial situation look better, submit more.

3. Do you see anywhere in the requirements for sponsorship any reference to taxes paid? I don't.

Yodrak

Thanks to all three of you for taking the time to reply. I got some great information, and am now very confident in what I should send.

Yodrak, in answer to your comment on item #3, I've found from spending a few months at VJ that there are a lot of things not adequately covered in the instructions. We've avoided a lot of little pitfalls already just by reading experienced answers to thoughtful questions here. Better to ask, no?



Alice

I'd def. include the letter, it's one of the named items (even if not always required) and you've got it. You can include an Addendum explaining the difference between the salary & W2s. Your bene isn't all *that* rare (nice one!).




Many people fall into this gully at the start of a new year. Typically, the consulates don't insist on the most recent year's return because it's not yet due. Poverty Guidelines change around March/April too.

If you are sending to the NVC in say, Feb, send as many tax returns as your decide to (only the most recently filed one is required) and copies of your 06 W2s which document current earnings. Your 03-05 returns show that this is normal income for you.
I'd not recommend a draft version of your return.
The year I filed, I'd put in a couple of extensions and even tho we interviewed in September, I didn't have the past year's return finished. I just supplied copies of my extensions & a note.



Tax due is nothing to do with any of it (barring someone who owes back taxes and is thumbing their nose). But for a situation like yours, nope.

Make sure you are looking at the NEW I-864 instructions (changed this summer) so you know what they are looking for. There is also a list of 'special instructions' on the form download site at uscis.gov that you'll want to read.
Hope that helps.

Thanks, Meauxna. Your posts always do.

Alice