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Filed: AOS (pnd) Country: Thailand
Timeline
Posted

I just got an RFE request for evidence for

-joint sponsor must submit all tax information for most recent year

-joint sponsor must submit all supporting tax information for the most recent year

I did'nt have the 2008 tax transcript for co-sponsor available at the time of filing, and hastily filed an I-864 with 2007,6,5 tax transcripts.

I have the 2008 co-sponsors tax transcript arriving in the mail. The co-sponsor is also married, but we are using the co-sponsors income only, as it is well above poverty level. My question is this...

The RFE lists two things... but is a tax transcript sufficient for both requests? I was thinking maybe they would like w-2's to prove the co-sponsor's income apart from the joint tax filings. But I did send a letter of employment that listed salary. Anybody have any experience or suggestions?

Posted

I really don't know the answer to this, but if you're in doubt, and you have easy access to both the W2 and the transcript, just send both. We sent way more stuff than we probably needed to, but we didn't get any RFE's at all. Better too much than not enough. :) If they don't need it, they just don't look at it. Good luck!

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Filed: AOS (pnd) Country: Thailand
Timeline
Posted

I would just like to bump this topic, seems alot of people have interest.

If using a 1 co-sponsor, who is married, are you required to submit copies of the co-sponsors w-2's with transcript to verify his income from the jointly filed tax transcript.

In the I-864 instructions, it says that if submitting a transcript as evidence, w-2's, and 1099's are not required.

I will follow up in a few days once I have contacted the USCIS if nobody knows.

Posted

From USCIS Memorandum

Clarification of Policy Regarding USCIS Form I-864, Affidavit of Support

If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099.

Source: http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf Found at last paragraph of p. 19

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted
I would just like to bump this topic, seems alot of people have interest.

If using a 1 co-sponsor, who is married, are you required to submit copies of the co-sponsors w-2's with transcript to verify his income from the jointly filed tax transcript.

In the I-864 instructions, it says that if submitting a transcript as evidence, w-2's, and 1099's are not required.

I will follow up in a few days once I have contacted the USCIS if nobody knows.

The transcripts are sufficient. They list all the evidence needed for this. (1040/w-2/1099) as applicable.

You just have to ensure you have the proper years requested (in this case 2008)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

A tax transcript doesn't separate out individual earnings on a joint return. It's all lumped together, just like on a 1040. I would send a W2 along with a transcript if you're wanting to show one person's portion of a joint return.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

 
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