I864EZ and married filing jointly

[kimkooks 6]

Hi, I have read and searched many times but am reading some conflicting information. I am filing I864EZ for my mother and getting together the supporting documents. I am married and file taxes jointly with my wife so I am sending the complete tax return for 2016 along with my W2 (meet income requirements with this amount) and 1099 showing all my income. My question is, do I need to submit my wife's W2 even though she is not a co-sponsor, to fully show the breakdown of the income on our joint return as the total income that I have to write on the I864EZ is joint income? I did not think I needed to send hers as well until I read this: 

 

If you provide a photocopy of your tax returns, you must include a copy of each and every FormW-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your returns rather than a photocopy unless you filed a joint tax return with your spouse.

 

This definitely reads to me that I need to include her W2 but I have not read this anywhere else as it seems that they are only interested in my W2 as I am the only sponsor. Please help! I've read so much now that I am confusing myself. I don't want to send hers if I don't need to becasue I don't want it to look like I am trying to use her income to qualify as I am not.

 

Also, I have the2016 tax transcript as well as the full return. Should I submit both or just the return, since I need to submit W2 anyway?

 

thanks so much

[Wuozopo 4,285]

Because of the joint return, it would be good for you to include an employer letter if possible that clearly states your separate income as well as 6months of pay stubs. I know your W2 shows it,  but sometimes those people at NVC just don't "get it". They see a joint return with W2 and send you an RFE for your wife to do an I-864A because you are using her portion of joint income. Does it not click that a W2 with your name on it shows your separate income.

 

The reason for W2s is because you could fill out a fake tax return saying $100,000. So they require all W2s to see that the $100k you show is backed up with evidence from employer wage statements. I would go with the transcript just because it is less pages and does not require his and her W2s with it. It comes from the IRS, so the income shown would not be fake. 

 

Then maybe include a photocopy your W2 and write a big note in the blank area of the page. 

This W2 is included to show that my separate income is sufficient to qualify as sole sponsor of Mary R. Smith.

signed

John Q. Smith

 

Employer letter stating same amount as your W2 (or more if you got a raise since 2016) would be a good bonus item to further get your point across. 

[kimkooks 6]

Thanks. I am including an employer letter stating my current salary (higher than my previous W2) as well as my contract and 6 months of payslips clearly showing I earn above the requirements by myself. It really should be clear but I'm paranoid! I will also handwrite that I am including the W2s to show our separate income and that I am the sole sponsor of the applicant. 

 

Are you you saying that you think with the transcript that I do not need to include all W2s and can send just my own? Is there any harm in sending both the return and the transcript since I have both here?

[Wuozopo 4,285]

9 hours ago, kimkooks said:

Are you you saying that you think with the transcript that I do not need to include all W2s and can send just my own? Is there any harm in sending both the return and the transcript since I have both here?

Sending both is redundant, but you can certainly do whatever you wish. My personal approach was minimalistic so the important stuff did not get overlooked in a sea of extra padding. I never got asked for more, so that worked out for me.

 

Snips taken from the instructions--

 

"Item Numbers 5.a. - 6.c. Federal Income Tax Information. You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. "

(That says pick one tax record not both copy of return and transcript.)

 

"If you provide a photocopy of your tax returns, you must include a copy of each and every FormW-2 and Form 1099 that relates to your returns."

(the part that says copies of returns require W2/1099 for sure)

 

"Do not include copies of these forms if you provide an IRS transcript of your returns rather than a photocopy unless you filed a joint tax return with your spouse." 

(Ok, I will go along with all W2s with either. That wording is slightly different in that they have added the joint return bit. I assume that is because the adjudicator is supposed to use those to determine your separate income, but they don't always have that much snap. For the longest, it said something like "a complete tax return" OR a tax transcript and they defined complete tax return as all forms and schedules plus W2. What people did not understand is that a joint tax return lumps all the money together and that return transcript alone would not prove he made enough by himself, so an employer letter helped prove the separate income. The have added a little more information by saying all W2s with joint return transcripts. Yep do that with the transcript because it says to.)

 

 

 

 

[lioneta21 0]

My husband is in the same boat as you. We are also confused as to the combined income vs sole income. 
What did you end up putting in section 5 part 6, your sole income or your combined income? 
 

 

My husband is petitioning his mom. Her I-130 was approved. He is now working on the affidavit of support, he is completing form I-864EZ. He will be the sole sponsor.

My question is in section 5, part 4 “My current individual annual income” he calculated his sole income for the year 2020 since the year is just about over.

In the next part, part 6 it says “My total income (adjusted gross income on IRS form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:”

 

Do we put his sole income from his W2 in this section? 
Because we are married and filing jointly so I am not sure whether to put our total combined income or just his from the W2.

I am not a co-sponsor or joint sponsor, he makes enough for the household size, I do not. 

[lilyb 0]

Hi Lioneta21

Did you find out the answer for your question? If so, how did you fill out section : " in the next part, part 6 it says “My total income (adjusted gross income on IRS form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:” Since he is a sole sponsor, did you put his sole income or combine income from your joint tax return for this part 6 ? Could he use the form I-864EZ instead of  I-864  with joint income tax return ? I have the same situation and confuse how to fill out the above part 6. Hope to hear from you. Thanks

Edited February 20 by lilyb

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