i864 - joint tax return (#25)

[lsrbigfoot 1]

Hey everybody,

My wife (Petitioner & sole Sponsor) and I (H-1B) are almost done with the i130/AOS Package, and we have a question on the i864 form, part 25.

- My wife has copies and transcripts of the last three tax returns ... transcripts will be used

- Tax return for the most recent year (2011) is a joint tax return between us

- Total Adjusted Gross Income (AGI) reported is the total of all our wages (reported by both transcript & copy of return for recent year)

- In the copied tax return, a worksheet page (breakdown of our income) was provided

- We both have our W-2's available

- Wife's income will only be used on i-864. (My income - though can be included in #24 - will be left out to keep the evidence simple)

For the most recent year, what should the sponsor place as the AGI for the most recent tax year? (The Joint AGI or the Sponsor's AGI?)

If the latter, would additional evidence of income (Income breakdown + sponsor's W-2) be needed along with transcript for the recent year?

Many Thanks!

[Anh map 2,098]

The income amount(s) should be for the individual sponsor, not a joint income. As you stated, your income would listed on a separate line.

[lsrbigfoot 1]

Thanks.

The only thing that I'm not sure of is if the sponsor submitting the joint tax return transcript without sponsor's W-2 (as instructed) would be OK.

Will the officials be able to extract the Sponsor's AGI from the joint tax return transcript?

[jdh 103]

Thanks.

The only thing that I'm not sure of is if the sponsor submitting the joint tax return transcript without sponsor's W-2 (as instructed) would be OK.

Will the officials be able to extract the Sponsor's AGI from the joint tax return transcript?

Who told you not to include w2's?

And why are you sending three years tax returns? You only need to send the one and note on the forms that you have filed the last three.

[lsrbigfoot 1]

I'm just following i864 instructions ...

"If you provide a copy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy." (page 8)

... If this still applies to joint tax return transcripts, that will be great.

Otherwise, Point taken on submitting for just one year. I'm aware that submitting for the 2nd or 3rd previous years is optional.

Edited May 28, 2012 by lsrbigfoot

[Anh map 2,098]

I'm just following i864 instructions ...

"If you provide a copy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy." (page 8)

... If this still applies to joint tax return transcripts, that will be great.

Otherwise, Point taken on submitting for just one year. I'm aware that submitting for the 2nd or 3rd previous years is optional.

The sponsor's W2/1099's will be needed to show their individual income. The CO will not be able to do the calculations.

Edited May 28, 2012 by Anh map

[ceadsearc 515]

If you order a complete tax transcript it will include the w-2s so you don't need to send extras in addition to that.

[lsrbigfoot 1]

Well, I called IRS, and they said that for transcripts, they only report the joint (total) income reported on the tax return, and they won't report the W-2 breakdowns for each individual. I think that a photocopy of the joint tax return (with W-2s) should be sent instead of sending the transcript ... perhaps the safer way to submit the sponsor's W-2 without breaking transcript rules.

Edited May 29, 2012 by lsrbigfoot

[Anh map 2,098]

If you order a complete tax transcript it will include the w-2s so you don't need to send extras in addition to that.

W2's are not included with the transcripts. For a joint return only the combined totals are shown.