i-864 and joint tax return

[ADANOIR 0]

Hi guys!

Me and my husband met in July 27 2005, got married Aug 21 2006 and have an 18 months daughter. We filled in June 2008. Since then we received three RFE-s . One of them was for his grandmother who is the only joint sponsor and another one was sent because me and my husband filled jointly for the return taxes for 2007. They asked us to submit a document to prove that I had permission to work but my J-1 visa expired in sept 2005 and on my SSC is written "work with DHS autorizattion only" so i did not have one. We submitted a letter explaining that there is a law that forgives working without a EAD for immediate relatives. In Oct 15 they send another RFE on the working permit witch we never received because we moved. So we went to an appointment at the immigration office in Dallas and the IO said that we need to resend the documents that we sent with the i-485 form. So they need another two I-864, one for my husband and another for his grandmother plus the w-2s and 1099 needed.

My question is: if we only have the 1040, witch we filed together in 2007, than what do we put on form i-864, 23a (because we can't use my income for 23b given the fact that i did not work in one year and a half and there is no way I can provide income from the same source after I receive the GC as they require), and if we write down only his income what form we submit as evidence?( the W-2s only or should we include our joint filed 1040 plus my 1099).

If anybody can give us any advice please reply! Thank you!

P.S. The last time we sent them an I864A and our 1040 plus W-2s because we lived with his grandmother and he qualified in that category ...(so they already have our 1040 form).

[Nich-Nick 3,355]

I'm having a little trouble following your story, but I will attempt to give an opinion.

I think you need to send two completely new I-864s with every supporting thing you can.

Your husband will put only his income on line 23a because he is the person filling out the form and it says "My personal annual income." I think you're saying you can't include your income because of the work authorization problem. Or perhaps that income won't continue? If you feel like you can include your income then that goes in the household income on line 24, but you should write a new letter like you did for the RFE you got to explain why you could receive income. If you're using a co-sponsor, then it must be because you and husband don't make enough. So it doesn't matter whether yours is included in his I-864 if it isn't going to help put you over the required amount. Perhaps it would be better for him to just list his current income and avoid the questions about your work authorization. Your husband's income does not have to exactly match the 2007 tax return. It is whatever he is making today. He could include copies of some recent pay stubs and a letter from his employer stating his salary and that it is a permanent position. And he definitely needs to submit the 2007 form 1040 and W-2s. Sending the same for 2005 and 2006 could be done also.

Grandmother needs to fill out a new current form I-864. If she is retired, she could send a statement of earnings from her pension or social security (if she gets those.) She would also send 2007 tax return and W-2s or 1099s. Co-sponsors also must be US citizens, so grandmother would have to photocopy her birth certificate or US passport to submit.

It would be very easy to get tax transcripts. Grandmother and husband could each order 2005, 2006, and 2007 all on the same form. Then you don't have to send 1040s, W-2s, or 1099s. The tax transcripts take the place of those other forms and are quite official since they come from the IRS.

This is the form http://www.irs.gov/pub/irs-pdf/f4506t.pdf They would check box 6a for what they are requesting and it can be faxed in or called in. The numbers are in the instructions. Mine arrived within the week of faxing in the form.

[ADANOIR 0]

I'm having a little trouble following your story, but I will attempt to give an opinion.

I think you need to send two completely new I-864s with every supporting thing you can.

Your husband will put only his income on line 23a because he is the person filling out the form and it says "My personal annual income." I think you're saying you can't include your income because of the work authorization problem. Or perhaps that income won't continue? If you feel like you can include your income then that goes in the household income on line 24, but you should write a new letter like you did for the RFE you got to explain why you could receive income. If you're using a co-sponsor, then it must be because you and husband don't make enough. So it doesn't matter whether yours is included in his I-864 if it isn't going to help put you over the required amount. Perhaps it would be better for him to just list his current income and avoid the questions about your work authorization. Your husband's income does not have to exactly match the 2007 tax return. It is whatever he is making today. He could include copies of some recent pay stubs and a letter from his employer stating his salary and that it is a permanent position. And he definitely needs to submit the 2007 form 1040 and W-2s. Sending the same for 2005 and 2006 could be done also.

Grandmother needs to fill out a new current form I-864. If she is retired, she could send a statement of earnings from her pension or social security (if she gets those.) She would also send 2007 tax return and W-2s or 1099s. Co-sponsors also must be US citizens, so grandmother would have to photocopy her birth certificate or US passport to submit.

It would be very easy to get tax transcripts. Grandmother and husband could each order 2005, 2006, and 2007 all on the same form. Then you don't have to send 1040s, W-2s, or 1099s. The tax transcripts take the place of those other forms and are quite official since they come from the IRS.

This is the form http://www.irs.gov/pub/irs-pdf/f4506t.pdf They would check box 6a for what they are requesting and it can be faxed in or called in. The numbers are in the instructions. Mine arrived within the week of faxing in the form.

Thank you very much. You have been very helpful, much appreciated. If we previously sent the 1040 and then received RFE do you still think it is okay to just send IRS transcripts? Thanks again.

[Nich-Nick 3,355]

I think you should forget whatever you sent before and start over fresh, including proving that grandmother is a US citizen. What I mean is don't think "well they already have that part, so I'll just add on a W2 to go with it." They may not match all the pieces up. Give them the whole thing over as complete as you can make it so they can quickly assess it without playing the match game.

Yes, a transcript replaces every other thing that has to do with a tax return. And since they have questions shown by RFEs, give them alot of proof with your new submission. A letter from an employer or a pension plan, recent pay stubs, and perhaps copies of savings accounts or IRAs if Grandmother has assets like that.

Also make a copy of the RFE letter (so you can look at it later if you need to) but send back that oriiginal RFE paper with your new info. That's how they match your stuff up with your case. Also mark the outside of your mailing envelope RESPONSE TO I-485 RFE somewhere.