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lsrbigfoot

i864 - joint tax return (#25)

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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!


07/04/2009 - Relationship Began

06/27/2011 - Engagement

12/18/2011 - Marriage

06/20/2012 - day 00 - AOS package (i130, i485) sent to Chicago

06/22/2012 - day 02 - AOS package received

06/27/2012 - day 07 - NOA1 notices (i130, i485) sent

06/29/2012 - day 09 - NOA1 notices received

06/29/2012 - day 09 - Biometrics Notice sent

07/02/2012 - day 11 - Biometrics Notice received (appt on 07/19/2012)

07/19/2012 - day 29 - Biometrics Complete!

08/06/2012 - day 47 - AOS Interview Notice sent

08/08/2012 - day 49 - AOS Interview Notice received (appt on 09/12/2012)

09/12/2012 - day 84 - AOS Interview Approved! Card Production Ordered

09/13/2012 - day 85 - NOA2 notices (i130, i485) sent

09/17/2012 - day 89 - NOA2 notices received

09/21/2012 - day 93 - Green Card in Hand (ROC Begins 06/14/2014)

01/11/2013 - Became parents. Beautiful baby!

06/18/2014 - day 00 - i-751 package sent to Vermont

06/21/2014 - day 03 - i-751 package received

06/23/2014 - day 05 - NOA1 notice (i751) sent

06/27/2014 - day 09 - NOA1 notice received

07/01/2014 - day 13 - Biometrics Notice sent

07/05/2014 - day 17 - Biometrics Notice received (appt on 07/22/2014)

11/18/2014 - day 151 - Transfer notice (i751) sent

11/22/2014 - day 155 - Transfer notice received

12/19/2014 - day 182 - 2nd Biometrics Notice sent

12/26/2014 - day 189 - 2nd Biometrics Notice received (appt on 01/06/2015)

02/27/2015 - day 252 - ROC Approved! Card Production Ordered

02/27/2015 - day 252 - NOA2 notices (i130, i485) sent

03/09/2015 - day 262 - NOA2 notices received

03/09/2015 - day 262 - 10y Green Card in Hand (N-400 Begins 09/2015)

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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.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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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?


07/04/2009 - Relationship Began

06/27/2011 - Engagement

12/18/2011 - Marriage

06/20/2012 - day 00 - AOS package (i130, i485) sent to Chicago

06/22/2012 - day 02 - AOS package received

06/27/2012 - day 07 - NOA1 notices (i130, i485) sent

06/29/2012 - day 09 - NOA1 notices received

06/29/2012 - day 09 - Biometrics Notice sent

07/02/2012 - day 11 - Biometrics Notice received (appt on 07/19/2012)

07/19/2012 - day 29 - Biometrics Complete!

08/06/2012 - day 47 - AOS Interview Notice sent

08/08/2012 - day 49 - AOS Interview Notice received (appt on 09/12/2012)

09/12/2012 - day 84 - AOS Interview Approved! Card Production Ordered

09/13/2012 - day 85 - NOA2 notices (i130, i485) sent

09/17/2012 - day 89 - NOA2 notices received

09/21/2012 - day 93 - Green Card in Hand (ROC Begins 06/14/2014)

01/11/2013 - Became parents. Beautiful baby!

06/18/2014 - day 00 - i-751 package sent to Vermont

06/21/2014 - day 03 - i-751 package received

06/23/2014 - day 05 - NOA1 notice (i751) sent

06/27/2014 - day 09 - NOA1 notice received

07/01/2014 - day 13 - Biometrics Notice sent

07/05/2014 - day 17 - Biometrics Notice received (appt on 07/22/2014)

11/18/2014 - day 151 - Transfer notice (i751) sent

11/22/2014 - day 155 - Transfer notice received

12/19/2014 - day 182 - 2nd Biometrics Notice sent

12/26/2014 - day 189 - 2nd Biometrics Notice received (appt on 01/06/2015)

02/27/2015 - day 252 - ROC Approved! Card Production Ordered

02/27/2015 - day 252 - NOA2 notices (i130, i485) sent

03/09/2015 - day 262 - NOA2 notices received

03/09/2015 - day 262 - 10y Green Card in Hand (N-400 Begins 09/2015)

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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.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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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 by lsrbigfoot

07/04/2009 - Relationship Began

06/27/2011 - Engagement

12/18/2011 - Marriage

06/20/2012 - day 00 - AOS package (i130, i485) sent to Chicago

06/22/2012 - day 02 - AOS package received

06/27/2012 - day 07 - NOA1 notices (i130, i485) sent

06/29/2012 - day 09 - NOA1 notices received

06/29/2012 - day 09 - Biometrics Notice sent

07/02/2012 - day 11 - Biometrics Notice received (appt on 07/19/2012)

07/19/2012 - day 29 - Biometrics Complete!

08/06/2012 - day 47 - AOS Interview Notice sent

08/08/2012 - day 49 - AOS Interview Notice received (appt on 09/12/2012)

09/12/2012 - day 84 - AOS Interview Approved! Card Production Ordered

09/13/2012 - day 85 - NOA2 notices (i130, i485) sent

09/17/2012 - day 89 - NOA2 notices received

09/21/2012 - day 93 - Green Card in Hand (ROC Begins 06/14/2014)

01/11/2013 - Became parents. Beautiful baby!

06/18/2014 - day 00 - i-751 package sent to Vermont

06/21/2014 - day 03 - i-751 package received

06/23/2014 - day 05 - NOA1 notice (i751) sent

06/27/2014 - day 09 - NOA1 notice received

07/01/2014 - day 13 - Biometrics Notice sent

07/05/2014 - day 17 - Biometrics Notice received (appt on 07/22/2014)

11/18/2014 - day 151 - Transfer notice (i751) sent

11/22/2014 - day 155 - Transfer notice received

12/19/2014 - day 182 - 2nd Biometrics Notice sent

12/26/2014 - day 189 - 2nd Biometrics Notice received (appt on 01/06/2015)

02/27/2015 - day 252 - ROC Approved! Card Production Ordered

02/27/2015 - day 252 - NOA2 notices (i130, i485) sent

03/09/2015 - day 262 - NOA2 notices received

03/09/2015 - day 262 - 10y Green Card in Hand (N-400 Begins 09/2015)

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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 by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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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.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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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 by lsrbigfoot

07/04/2009 - Relationship Began

06/27/2011 - Engagement

12/18/2011 - Marriage

06/20/2012 - day 00 - AOS package (i130, i485) sent to Chicago

06/22/2012 - day 02 - AOS package received

06/27/2012 - day 07 - NOA1 notices (i130, i485) sent

06/29/2012 - day 09 - NOA1 notices received

06/29/2012 - day 09 - Biometrics Notice sent

07/02/2012 - day 11 - Biometrics Notice received (appt on 07/19/2012)

07/19/2012 - day 29 - Biometrics Complete!

08/06/2012 - day 47 - AOS Interview Notice sent

08/08/2012 - day 49 - AOS Interview Notice received (appt on 09/12/2012)

09/12/2012 - day 84 - AOS Interview Approved! Card Production Ordered

09/13/2012 - day 85 - NOA2 notices (i130, i485) sent

09/17/2012 - day 89 - NOA2 notices received

09/21/2012 - day 93 - Green Card in Hand (ROC Begins 06/14/2014)

01/11/2013 - Became parents. Beautiful baby!

06/18/2014 - day 00 - i-751 package sent to Vermont

06/21/2014 - day 03 - i-751 package received

06/23/2014 - day 05 - NOA1 notice (i751) sent

06/27/2014 - day 09 - NOA1 notice received

07/01/2014 - day 13 - Biometrics Notice sent

07/05/2014 - day 17 - Biometrics Notice received (appt on 07/22/2014)

11/18/2014 - day 151 - Transfer notice (i751) sent

11/22/2014 - day 155 - Transfer notice received

12/19/2014 - day 182 - 2nd Biometrics Notice sent

12/26/2014 - day 189 - 2nd Biometrics Notice received (appt on 01/06/2015)

02/27/2015 - day 252 - ROC Approved! Card Production Ordered

02/27/2015 - day 252 - NOA2 notices (i130, i485) sent

03/09/2015 - day 262 - NOA2 notices received

03/09/2015 - day 262 - 10y Green Card in Hand (N-400 Begins 09/2015)

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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.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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