I-864: Need a little clarification

[dkdunning 0]

Hi all.

I am trying to get all of my paperwork ship-shape for the next stage of the process. In gathering my financial data for the I-864, I see that VisaJourney's "Step-by-Step Guide on How to File an I-130 for Relative (spouse) Outside the US" includes this as part of the Pre-Interview Forms/Items:

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

However, when I was looking at the US Department of State website, I came upon this:

What income documentation is required?

With their Form I-864, the sponsor is required to submit an IRS transcript or photocopy of only the most recent Federal income tax return. However, the sponsor may, at his or her option, submit Federal income tax returns for the three most recent years if the sponsor believes these additional tax returns may help establish the sponsor's ability to maintain his or her household income at the applicable threshold set forth in the poverty guidelines. The consular officer will determine whether the income stated by the sponsor and documented in the tax return and any other evidence meets the poverty guidelines in effect as of the time of the I-864 was filed with the National Visa Center, the U.S. embassy or consulate. If the income stated by the sponsor does not meet the poverty guidelines then the consular officer may request the sponsor may submit current year income information for additional evidence to reach a determination. If the sponsor is relying on income from any household member or dependents to reach the minimum income requirement, an IRS-issued transcript or a copy of each individual's most recent tax return is also required, and each person must complete a Form I-864A, Contract Between Sponsor and Household member. The consular officer may ask for additional income documentation, such as employment letter.

(see the full document here: travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf )

So, I am a little confused. Is one year's tax information sufficient, or do I need to send three year's worth? Is the document on the DOS site outdated? Is this DOS instruction part of some process other than the IR-1/CR-1 process?

It is no problem for me to get the transcripts for three years of tax returns, but I am following the "Give them exactly what they ask for and only what they ask for" approach, and I'd like to keep my packet as simple as possible, so if anyone can clar this up for me, much obliged.

Dave

[imaisha 1]

One year is mandatory. Three years is optional. If you believe that you can prove that you meet the requirements with just one year then by all means send only one year.

If the two years before that would help establish stability of income though it would be good to include those as well.

[Surf2Salsa 0]

It is strongly recommended that you supply 3 years of tax returns, a current employment letter and recent pay stubs.

In my tax practice I recommend to clients with immigration interviews to also bring (in addition to the tax return copies) the last 3 years of tax return TRANSCRIPTS.

Regardless of the minimum requested documentation and requirements, providing sufficient proof of income and income stability is good idea.

Good luck!

[TayRivers 4]

It is strongly recommended that you supply 3 years of tax returns, a current employment letter and recent pay stubs.

In my tax practice I recommend to clients with immigration interviews to also bring (in addition to the tax return copies) the last 3 years of tax return TRANSCRIPTS.

Regardless of the minimum requested documentation and requirements, providing sufficient proof of income and income stability is good idea.

Good luck!

There is no point in sending both a copy of the tax return and a IRS Transcript, they both show the same thing. one or the other is what is needed.

I included the last 3 years of IRS Transcripts, rather than copies of the return that way I did not have to include all the W2's and schedules.

I did include a letter from my employer stating when I was hired my annual salary and that my employment was ongoing.

[OBX 51]

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There is no point in sending both a copy of the tax return and a IRS Transcript, they both show the same thing. one or the other is what is needed.

I included the last 3 years of IRS Transcripts, rather than copies of the return that way I did not have to include all the W2's and schedules.

I did include a letter from my employer stating when I was hired my annual salary and that my employment was ongoing.

^^ Agreed. We submitted the previous 3 years of transcripts with our I-864 package even though my husband's income was well above the required level. At the interview we then submitted the 2008 tax return with all supporting forms (as it was not filed when we sent in our original package.) The interviewing officer then returned all of the transcripts and the supporting forms we had brought. She only kept the first pages of the most recent tax return.

[New Beginnings 32]

Same here. Submitted 3 years of tax transcripts, letter from my employer, 6 months of paystubs. In my opinion, it's better to gather too much than to waste any time with RFE's.

[OBX 51]

Same here. Submitted 3 years of tax transcripts, letter from my employer, 6 months of paystubs. In my opinion, it's better to gather too much than to waste any time with RFE's.

Absolutely Even though we had the additional documents returned at the interview, I am glad we had too much rather than not enough!