HELP: Question about Form I-864 "current individual income"!

[YouAndMeForever 1,022]

Hey guys!

I am adjusting from K1 visa and I have a question regarding Form I-864 (Affidavit of Support).

My USC husband is my sponsor, he makes above the 125% of the poverty guideline.

In the most recent 3 years he filed 1040EZ, so we used his "adjusted gross income" in Part 6.13a, 13b, 13c as instructed. We will submit the last 3 years IRS Tax Return Transcripts as supporting evidence.

My question is about Part 6. 5 "current individual annual income". Is this the amount that my husband's employment letter shows? Also we will submit last 9 months paystubs besides the employment letter as supporting evidence for current income.

Thanks for answering!

[KayDeeCee 4,891]

Yes, his current income is what he makes now(not from years past as shown on the tax returns), and would be shown on a letter from his employer and recent pay stubs.

Also, since you are providing the proof of current income with the employer letter and pay stubs, just the most recent tax transcript will do. You are not required to send the last 3 years worth.

[YouAndMeForever 1,022]

Yes, his current income is what he makes now(not from years past as shown on the tax returns), and would be shown on a letter from his employer and recent pay stubs.

Also, since you are providing the proof of current income with the employer letter and pay stubs, just the most recent tax transcript will do. You are not required to send the last 3 years worth.

Thank you so much for your answer. We submit the last 3 years IRS Tax Return Transcripts just in case.

Also, is it a problem that the most recent IRS Tax Return Transcript we have is the 2013 tax year? We cannot access the 2014 IRS Tax Return Transcript yet and we want to mail the AOS package within a few days.

Edited February 23, 2015 by YouAndMeForever

[KayDeeCee 4,891]

No, if you have already filed the 2014 taxes, then that is your most recent tax return. You should use the total income amounts from 2014, 2013 and 2012 on the form. Provide a complete copy of the 2014 return with all forms, attachments, schedules, W-2s and/or 1099s instead of the unavailable transcript.

[YouAndMeForever 1,022]

No, if you have already filed the 2014 taxes, then that is your most recent tax return. You should use the total income amounts from 2014, 2013 and 2012 on the form. Provide a complete copy of the 2014 return with all forms, attachments, schedules, W-2s and/or 1099s instead of the unavailable transcript.

How we are we supposed to get a a complete copy of the 2014 return? My husband filed by paper mail a FEW DAYS ago and we do not have any copy of it. Will we get an RFE if we send the 2013 Tax Return Transcript as the recent one? There is really nothing we can do.

[Love Marry Stay 1]

Yes, I'm pretty certain you need the most recent tax return transcript which being 2014. As in Part 6 question 13 it states in bold "I have attached the required photocopy or transcript of my Federal tax return from only the most recent tax year". I would contact the tax department to see if they can help you in any way. Good Luck!

[j&ana 363]

Actually the most recent tax year is still 2013 as april 15 is the tax filing deadline.

Tax year is different then regular calendar year.

If you have just mail your 2014 tax form in it will probably be not process in time, However you might be able to get a copy of the 2014 before your interview and show it then if needed Give the IRs enough time to receive the tax form then call them and tell them you need a copy.

Edited February 23, 2015 by j&ana

[Love Marry Stay 1]

Yes, that's true, thanks for clarifying that!

[j&ana 363]

per instructions for the I-864 it is asking for most recent tax year, not most recent tax form file 2013 is still most recent tax year

[YouAndMeForever 1,022]

Actually the most recent tax year is still 2013 as april 15 is the tax filing deadline.

Tax year is different then regular calendar year.

If you have just mail your 2014 tax form in it will probably be not process in time, However you might be able to get a copy of the 2014 before your interview and show it then if needed Give the IRs enough time to receive the tax form then call them and tell them you need a copy.

Thanks for answering, I was so stressed out about this.

[KayDeeCee 4,891]

How we are we supposed to get a a complete copy of the 2014 return? My husband filed by paper mail a FEW DAYS ago and we do not have any copy of it. Will we get an RFE if we send the 2013 Tax Return Transcript as the recent one? There is really nothing we can do.

Even if the deadline has not passed for filing, they tend to want the most recent tax return you have filed already, which is why I said to use the 2014.

It would have been ideal if you had made copies of what you mailed to the IRS. Since you did not, and it was just mailed, the IRS office will not be able to provide you with anything either, so you will have to go with the 2013 as most recent. You will be able to provide a copy of the 2014 or transcript by the time you would get an RFE or if you have an interview, so shouldn't really be an issue for you.

[YouAndMeForever 1,022]

Even if the deadline has not passed for filing, they tend to want the most recent tax return you have filed already, which is why I said to use the 2014.

It would have been ideal if you had made copies of what you mailed to the IRS. Since you did not, and it was just mailed, the IRS office will not be able to provide you with anything either, so you will have to go with the 2013 as most recent. You will be able to provide a copy of the 2014 or transcript by the time you would get an RFE or if you have an interview, so shouldn't really be an issue for you.

Yeah I wish I would have read more about this whole thing and my husband and I would have made a copy of the papers. Anyway, we will get the 2014 IRS Tax Return Transcript as soon as it is available. Hopefully no RFE will come. We will bring it to the interview anyway. From what I have seen on this site, a lot of people are in the same situation. Thank you for answering. Edited February 24, 2015 by YouAndMeForever

[KayDeeCee 4,891]

You are welcome. Good luck and I will wish for no RFEs for you either!