I864 HELP!

[Subee9 1]

I (beneficiary) and my wife (petitioner) filed joint tax for year 2013 and 2014. September 2012 was the year she arrived in the US and didn't work for the rest of 2012. That is why she did not file her tax in 2012. However I did file tax return on 2012.

1) Should I put my tax return on 2012 and our joint tax return on 2013 and 2014 ? or leave 2012 blank and explain in a letter why my wife didn't file 2012 tax return ?

2) 2013 our joint tax return was below poverty line does this matter? From what I have learnt, last year (2014 for which our joint income is over poverty line) is the one that is compared with the poverty line right?

3) We misplaced 2013 W2s. I can't seem to find them. Do we need to send Ws from year prior to last year?

In 2014 our joint income was over the poverty line but since she started her job mid 2014, the tax return only showed 6 months worth of income. For example, our joint income was $ 30,000 but the actual joint income if she worked full year comes out to be $ 45,000 (she also got raise 4 months ago).

4) Now, in part 6 #13, should I write $ 30,000 or $45,000? If I write 30,000, the pay stubs and employer letter comes out to be more than that. And if I put $45,000 (amount we actually make that I can prove with pay stubs and employment letter), IRS transcript shows income of $30,000. What should I do guys?

Edited July 17, 2015 by Subee9

[Moustafa/Crystal 65]

Order tax transcripts for the IRS. They arrive in less than 2 weeks. Then you do not need your W-2's.

I would include all years with a letter of explanation.

The truth is the truth...there is no reason to worry about what is true. As long as you are above the poverty line now, you should not have any problems.

I am not sure what line you are talking about as I did the EZ version. However, if they are asking for current income, I wrote down my salary from my employment letter.

Good luck.

Edited July 17, 2015 by Moustafa/Crystal

[KayDeeCee 4,891]

I (beneficiary) and my wife (petitioner) filed joint tax for year 2013 and 2014. September 2012 was the year she arrived in the US and didn't work for the rest of 2012. That is why she did not file her tax in 2012. However I did file tax return on 2012.

1) Should I put my tax return on 2012 and our joint tax return on 2013 and 2014 ? or leave 2012 blank and explain in a letter why my wife didn't file 2012 tax return ?

2) 2013 our joint tax return was below poverty line does this matter? From what I have learnt, last year (2014 for which our joint income is over poverty line) is the one that is compared with the poverty line right?

3) We misplaced 2013 W2s. I can't seem to find them. Do we need to send Ws from year prior to last year?

In 2014 our joint income was over the poverty line but since she started her job mid 2014, the tax return only showed 6 months worth of income. For example, our joint income was $ 30,000 but the actual joint income if she worked full year comes out to be $ 45,000 (she also got raise 4 months ago).

4) Now, in part 6 #13, should I write $ 30,000 or $45,000? If I write 30,000, the pay stubs and employer letter comes out to be more than that. And if I put $45,000 (amount we actually make that I can prove with pay stubs and employment letter), IRS transcript shows income of $30,000. What should I do guys?

She is the petitioner/sponsor. The tax info is about her. You would not list your tax return info on her I-864. If she did not file in 2012, then you follow the I-864 form instructions and provide a statement explaining why she was not legally required to file taxes that year.

You are only required to send in a complete copy of your most recent return, or an IRS transcript. So, do not need the W-2s for 2013. You just need to provide the Total Income from the 2013 return where it asks, and submit the 2014 return or transcript.

You will each list your current income separately(hers in Part 6 #5 and yours as Person 1 in Part 6 # 6c.), then combine them together in Part 6 #10 for the household income. List what you each make currently and provide letters from employer and recent pay stubs to prove those amounts. Check box #12 and list your name in the box. You also have to provide proof that your income will continue from the same source once you become a permanent resident.

The tax information is something separate. You list exactly what it states for Total Income in Part 6 #13a-c.

[Subee9 1]

Thank you for your prompt response Kaydeecee, it makes sense finally.

I have 2 questions based on your response (in red)

"You would not list your tax return info on her I-864"

-> Okay not mine, i get that, but its okay to list joint tax return right? because we have joint tax return for 2013 and 2014.

"You also have to provide proof that your income will continue from the same source once you become a permanent resident."

-> So to prove that my income will continue, just ask my employer to write (on employers' letter) that I would be employed for 2015 and onwards right?

Edited July 17, 2015 by Subee9

[arken 4,197]

As KayDeeCee said, In part 6 #13, you should include the sum of the current income of your wife (from part 6 #5) and you (from part 6#6).

In part 6 #5 and #6, your wife and you shall put the expected annual income for the current year (Jan - Dec 2015) verified by your pay stubs and employment verification letter from the employer showing current annual salary.

For yourself, you do need employment verification letter mentioning you will be remain employed with the employer after acquiring permanent residence and that you will receive minimum of your current annual salary.

[newacct 688]

For Part 6 #13, you put the exact number it says on the "total income" line for her tax returns for that year, no matter how she filed. If she did not file for one of the years, write "did not file" and attach an explanation.

[KayDeeCee 4,891]

Thank you for your prompt response Kaydeecee, it makes sense finally.

I have 2 questions based on your response (in red)

"You would not list your tax return info on her I-864"

-> Okay not mine, i get that, but its okay to list joint tax return right? because we have joint tax return for 2013 and 2014.

Doesn't matter if she filed single, married separately or married jointly, she lists the line for Total Income from the return. Line 22 of a 1040 or line 15 of a 1040A. If using a 1040EZ, then put AGI instead of total income.

"You also have to provide proof that your income will continue from the same source once you become a permanent resident."

-> So to prove that my income will continue, just ask my employer to write (on employers' letter) that I would be employed for 2015 and onwards right?

Yes, you need a letter from your employer stating that your job is permanent and will continue once you become a permanent resident.

[Subee9 1]

Great Thank you everyone for your responses. You guys been great help.