I-864 Questions (LOTS)

[tyriun_j 0]

Hey fellow VJ'ers

Okay I have gathered quite a bit of stuff for my AOS packet as to avoid an RFE at this step and I have spent some time reviewing the I-864 and I have quite a few questions I need to have clarified before I print out this form and submit it. Thank you ahead of time for any help you guys can give me

1) First of all, It says on the NVC page that I can use the I-864EZ but am I okay to use THAT form or should I just stick to the I-864 form instead? I don't want to mix them up and risk getting it returned.

2) Part 2, Question 1: My wife has 7 middle names (crazy, I know) so as I did with our I-130 packet, should I make a seperate supplement form or can I just put her first middle name on the form?

3) Part 2, Question 5 & 6: Obviously, the beneficiary doesn't have an SSN or an Alien Registration Number so I am assuming I can just write "None" here and I would be fine right?

4) Part 4, Question 16: It is asking for your household size and NOT to count anyone twice. Well it then automatically counts Me and the person I am sponsoring which makes for 2 and is fine, but the box to check right after that is "Your Spouse". I am guessing I should just leave this one blank since my wife is the one I am sponsoring and she is already counted in the spot above this correct?

5) Part 5, Question 18: It is asking for my current annual income. I assume I can just list here what I have as YTD on my most current paystub correct? My second question to this one as well is can I include my bonuses and OT worked for this question? On my paystub, it is all rolled into one category and taxed the same.

6) Part 5, Question 19: It is asking for the most recent TAX years annual income as well as the 2nd and 3rd most recent? Am I right in saying the most recent tax year is 2009 or is 2010 technically the most recent tax year? If not, I have no problem listing 2007, 2008 and 2009 annual salaries but I am not providing a tax return copy for 2007. Will they request 2007 if I list the annual income there FOR 2007 ( if I have to of course )? Sorry, lots of questions for this one

7) Optional box stating "I am including copies of my 2nd and 3rd most recent tax returns". Well, I am including my 2nd most recent year but not my 3rd. Two things. One, should I check this box if I am only sending my 2nd recent and not my 3rd? Two. If I list 2007 annual income in the question before this one but do not supply a 2007 tax return will that get me in line for an RFE?

Lastly, I wanted to list here for everyone to see what I have for the packet so far(in order):

Bar-coded cover sheet

Table of contents for the AOS packet

2008 Tax Returns, Transcripts and W-2's

2009 Tax Returns, Transcripts and W-2's

11 months worth of paystubs from my current job

Verification letter from employer including salary information

Letter from employer explaining the reason for a job title change

Does that sound like enough so far?

Again, I really appreciate all the help guys I want to have this thing in the mail by Tuesday next week hopefully.

Jared

[tyriun_j 0]

And finally, last, I can mail this whole packet in once I have it assembled right? I do not have to wait for NVC to mail the I-864 to me correct? With that being said, NVC has yet to receive our DS-3032 through the mail yet ( wife mailed it on 11/24/10 ) so even with them not receiving it quite yet, Am I okay to send this packet out?

[VanessaTony 3,567]

1. You can use either form. The EZ is apparently much more condensed. Do what makes you feel comfortable.

2. Ooo tough. I think as this is a legally binding document you better provide her full name.

3. Correct.

4. Correct

5. No. Your annual income is 12 months worth. Your YTD (year to date) is just for this year "so far". Add up your annual (i.e. yearly) income, or if it's on your employment letter for your annual income, do that. For instance lets say you earn $1000 per month. So far you've earnt 11 months, so your YTD would be $11K..but that's not your ANNUAL income, your annual income is $12K. If you were earning a set salary, say $36K a year but had only been working for 3 months so far, you would still put your annual salary as $36K

6. As of April 15 2011, the "recent tax year" will be 2010. As we haven't hit that date yet, the most recent tax year is 2009. Why aren't you including 2007? If you are really dead set on not getting an RFE I would request IRS tax transcripts. Why are you including 2008? If you can't provide the 3 most recent, I would provide only the most recent (2009).. unless you want to wait and order IRS transcripts and get 2009, 08, and 07 all at once (you can ask them to be faxed if you have a fax)

7. As mentioned at 6. If you're not including all 3, don't include just two. I think it risks them thinking they lost it or they might RFE you. I don't think they will but the risk is there.

That's all I know sorry. Hope it helps

[tyriun_j 0]

1. You can use either form. The EZ is apparently much more condensed. Do what makes you feel comfortable.

2. Ooo tough. I think as this is a legally binding document you better provide her full name.

3. Correct.

4. Correct

5. No. Your annual income is 12 months worth. Your YTD (year to date) is just for this year "so far". Add up your annual (i.e. yearly) income, or if it's on your employment letter for your annual income, do that. For instance lets say you earn $1000 per month. So far you've earnt 11 months, so your YTD would be $11K..but that's not your ANNUAL income, your annual income is $12K. If you were earning a set salary, say $36K a year but had only been working for 3 months so far, you would still put your annual salary as $36K

6. As of April 15 2011, the "recent tax year" will be 2010. As we haven't hit that date yet, the most recent tax year is 2009. Why aren't you including 2007? If you are really dead set on not getting an RFE I would request IRS tax transcripts. Why are you including 2008? If you can't provide the 3 most recent, I would provide only the most recent (2009).. unless you want to wait and order IRS transcripts and get 2009, 08, and 07 all at once (you can ask them to be faxed if you have a fax)

7. As mentioned at 6. If you're not including all 3, don't include just two. I think it risks them thinking they lost it or they might RFE you. I don't think they will but the risk is there.

That's all I know sorry. Hope it helps

Awesome thanks for the help My only clarification is to #5. Well I can simply take my hourly and do the math but should I include my bonuses and overtime? That stuff is all guarenteed monthly and part of my annual salary.

[VanessaTony 3,567]

Awesome thanks for the help My only clarification is to #5. Well I can simply take my hourly and do the math but should I include my bonuses and overtime? That stuff is all guarenteed monthly and part of my annual salary.

My answer is.... umm.. hmm.. what does your employer list as your income? I would say if it's something you can prove (like with paystubs) then sure, go ahead. But if your income is over the the poverty line (like that your employer letter says) then I wouldn't bother confusing it. If you need it to be over the line, then I would go ahead and make the calculations based on your paystubs.

**Edit - the reason I say this is just today I was reading a thread where someone got an RFE that said their listed income was sufficient but they didn't provide proof of it. So as long as you have proof of it, then no issue

Edited November 28, 2010 by Vanessa&Tony

[tyriun_j 0]

My answer is.... umm.. hmm.. what does your employer list as your income? I would say if it's something you can prove (like with paystubs) then sure, go ahead. But if your income is over the the poverty line (like that your employer letter says) then I wouldn't bother confusing it. If you need it to be over the line, then I would go ahead and make the calculations based on your paystubs.

**Edit - the reason I say this is just today I was reading a thread where someone got an RFE that said their listed income was sufficient but they didn't provide proof of it. So as long as you have proof of it, then no issue

Oh yes I have paystubs and an employment verification letter to prove it The monthly bonuses vary from month to month though so I guess i'll figure out how to put it down there I suppose.

As for the 2007 tax question earlier. To sum it up, the IRs doesn't have a 2007 return on file for me for some reason because I filed a 1040X Ameneded return due to my previous marriage ( long story ). I just spoke to my mom though and I do my taxes through their business accountant. She says he has a copy of the 2007 return so I am going to go ahead and get the copy that route. Much faster and cheaper than the IRS

[VanessaTony 3,567]

Oh yes I have paystubs and an employment verification letter to prove it The monthly bonuses vary from month to month though so I guess i'll figure out how to put it down there I suppose.

As for the 2007 tax question earlier. To sum it up, the IRs doesn't have a 2007 return on file for me for some reason because I filed a 1040X Ameneded return due to my previous marriage ( long story ). I just spoke to my mom though and I do my taxes through their business accountant. She says he has a copy of the 2007 return so I am going to go ahead and get the copy that route. Much faster and cheaper than the IRS

faster yes, cheaper maybe the same 'cause the IRS doesn't charge you but either way YAY

[matalie 1]

Only Jami would have have 7 middle names! LOL

On a side note, it was her first night at work tonight! I had to pretty much avoid her to avoid playing favourites! I'm so glad you posted this as I had the same question as #4!

Thanks for the unintentional help!!

[tyriun_j 0]

Only Jami would have have 7 middle names! LOL

On a side note, it was her first night at work tonight! I had to pretty much avoid her to avoid playing favourites! I'm so glad you posted this as I had the same question as #4!

Thanks for the unintentional help!!

NATALIE! How are you? Yeah she said she was quite wore out from it but she still liked it I'm sure you guys will work a shift together sometime and you both will be completely goofy....I do foresee this!

Yeah I'm on the AOS step and the form is slightly complex but I think I got it figured out finally so this packet will be in the mail hopefully by Tuesday or Wednesday.

I'm glad she works there though because I think she will enjoy working with a friend and she will benefit from the perks of the job greatly

[matalie 1]

I'm good! I leave in one month for my POE!! Just trying to get all my AOS papers done now, as much as I can! Hopefully Monday it will be slower and Jami and I will get a chance to see each other more! She was there quite late last night, and while I'm used to being up all night at that place, it takes some getting used to! hahaha

I can't wait to get back to the States!! I haven't had IHOP in months!!!...I mean, I haven't gotten to see Matt....(but also, I really want pancakes! )

[4ever mine 9]

1. You can use either form. The EZ is apparently much more condensed. Do what makes you feel comfortable.

2. Ooo tough. I think as this is a legally binding document you better provide her full name.

3. Correct.

4. Correct

5. No. Your annual income is 12 months worth. Your YTD (year to date) is just for this year "so far". Add up your annual (i.e. yearly) income, or if it's on your employment letter for your annual income, do that. For instance lets say you earn $1000 per month. So far you've earnt 11 months, so your YTD would be $11K..but that's not your ANNUAL income, your annual income is $12K. If you were earning a set salary, say $36K a year but had only been working for 3 months so far, you would still put your annual salary as $36K

6. As of April 15 2011, the "recent tax year" will be 2010. As we haven't hit that date yet, the most recent tax year is 2009. Why aren't you including 2007? If you are really dead set on not getting an RFE I would request IRS tax transcripts. Why are you including 2008? If you can't provide the 3 most recent, I would provide only the most recent (2009).. unless you want to wait and order IRS transcripts and get 2009, 08, and 07 all at once (you can ask them to be faxed if you have a fax)

7. As mentioned at 6. If you're not including all 3, don't include just two. I think it risks them thinking they lost it or they might RFE you. I don't think they will but the risk is there.

That's all I know sorry. Hope it helps

Please reread the instructions, the NVC will not accept a telefax copy of any tax transcript, you need the hard copy of the IRS tax transcripts. I even asked a representative of the NVC, you need the IRS taz transcripts plus every W-2, 1099 as well. They must be a hard copy for every tax you that you are sending. Remember you can go to your local IRS tax office and get these documents the same day. I did that and they even stamps it for you.

Use your total income on a annual basis and get a letter from your employer to show your position, start date, starting salary, current salary, and your projected income based upon your currecnt salary for 2011.

Edited November 28, 2010 by D & H 4ever

[tyriun_j 0]

I'm good! I leave in one month for my POE!! Just trying to get all my AOS papers done now, as much as I can! Hopefully Monday it will be slower and Jami and I will get a chance to see each other more! She was there quite late last night, and while I'm used to being up all night at that place, it takes some getting used to! hahaha

I can't wait to get back to the States!! I haven't had IHOP in months!!!...I mean, I haven't gotten to see Matt....(but also, I really want pancakes! )

IHOP is pretty amazing! Sad you guys don't have it in Canada but maybe someday Yeah she'll get used to the hours. Can't wait to have you down here in the US! You guys need to come and visit us in Arizona!

Please reread the instructions, the NVC will not accept a telefax copy of any tax transcript, you need the hard copy of the IRS tax transcripts. I even asked a representative of the NVC, you need the IRS taz transcripts plus every W-2, 1099 as well. They must be a hard copy for every tax you that you are sending. Remember you can go to your local IRS tax office and get these documents the same day. I did that and they even stamps it for you.

Use your total income on a annual basis and get a letter from your employer to show your position, start date, starting salary, current salary, and your projected income based upon your currecnt salary for 2011.

I have a verification letter of employment but it does not state what your projected annual income will be nor will my job personally write up like that for me neither ( they're all about policies blah blah blah ) so I figured what I could do is just take what I've made YTD so far, do the math for the last 2 paychecks in 2010 and add them together. I have all of my 2010 paystubs to prove it plus the verification letter showing what I have made in salary, Overtime and bonuses so far.

[VanessaTony 3,567]

Please reread the instructions, the NVC will not accept a telefax copy of any tax transcript, you need the hard copy of the IRS tax transcripts. I even asked a representative of the NVC, you need the IRS taz transcripts plus every W-2, 1099 as well. They must be a hard copy for every tax you that you are sending. Remember you can go to your local IRS tax office and get these documents the same day. I did that and they even stamps it for you.

Use your total income on a annual basis and get a letter from your employer to show your position, start date, starting salary, current salary, and your projected income based upon your currecnt salary for 2011.

Okay you are confused. First, according to the instructions, they don't accept "telefile" records, not telefax. I've never heard the word telefax before but assumed you meant facsimile. It's apparently a synonym for that but I guarantee if USCIS meant "we don't accept facsimile copies" they'd have said that. Facsimile copies are FINE.

I-864 instructions here: http://www.uscis.gov/files/form/i-864instr.pdf page 8 regarding IRS transcripts and/or tax returns:

"You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Telefile tax records are not acceptable proof of filing."

A telefile tax record is: http://www.unclefed.com/TaxHelpArchives/2001/irs-tt/tc255.html a paperless version of filing taxes.

Projected income for 2011 is irrelevant. They only care about CURRENT income. The letter from employer only needs to state position, start date and annual salary. It must of course be on company letterhead with original signatures. In fact, a letter from employer isn't required if your 2009 tax return shows adequate income. The consulate may require it but it's not a requirement of the form itself. The letter from your employer as well as pay stubs may be included if your income on your tax return doesn't fulfil the requirements (or if you just wanna be safe).

In regards to attaching W2's etc with the IRS transcript, you are incorrect. If you are sending a copy of your tax RETURN then you need w2's, 1099s and schedules. If you are sending an IRS TRANSCRIPT then you only need that as it encompasses the W2's etc. It actually says as much in the instructions (again page 8) here:

"If you provide a photocopy of your tax return(s), you must include a copy of each and every FormW-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy."

When I filed my Adjustment of Status (yes I know different to your process but I still had to include an I-864) I sent IRS transcripts for 07 and 08, and the return for 2009 because we filed our taxes not long before I filed my AOS(adjustment of status) and didn't want to wait for the transcript. We did not include a letter from employer or paystubs and I've been approved. No RFE's and no issues.

[VanessaTony 3,567]

I have a verification letter of employment but it does not state what your projected annual income will be nor will my job personally write up like that for me neither ( they're all about policies blah blah blah ) so I figured what I could do is just take what I've made YTD so far, do the math for the last 2 paychecks in 2010 and add them together. I have all of my 2010 paystubs to prove it plus the verification letter showing what I have made in salary, Overtime and bonuses so far.

I don't know any employer that would write on company letter head what your projected income WILL be.. because what if they fire you? You now have a letter from your employer that you could try and sue them for the income they stated in the letter you WOULD earn. They have to cover their butts so I understand not writing projected income... it's a huge liability.

[4ever mine 9]

I don't know any employer that would write on company letter head what your projected income WILL be.. because what if they fire you? You now have a letter from your employer that you could try and sue them for the income they stated in the letter you WOULD earn. They have to cover their butts so I understand not writing projected income... it's a huge liability.

<Every employer/employee relationship is different...