I864 tax questions

[GeorgiaPeach 2]

Hello Again,

I have two questions regarding taxes on the I864 form.

1) My only joint sponsor is my father. I have had him fill out the I864 and I864A; he has also collected all relevant documents (Tax returns, W2s, pay stubs, etc). However, he filed his taxes for the three most recent tax years jointly with my mother. I do not need the income of my mother for sponsorship, but I was curious if she should be filling out or signing anything since her name and income are included on the tax returns?

2) My tax returns are back in the US (I'm in the UK), and my dad cannot locate my W2s - he can locate the actual retuns, though. Am I correct in believeing that because he cannot locate the W2s that accompany them, that I need to order an IRS transcript?

Thanks, in advance, for the continued help you guys always extend!

Edited November 21, 2012 by GeorgiaPeach

[Nich-Nick 3,354]

Hello Again,

I have two questions regarding taxes on the I864 form.

1) My only joint sponsor is my father. I have had him fill out the I864 and I864A; he has also collected all relevant documents (Tax returns, W2s, pay stubs, etc). However, he filed his taxes for the three most recent tax years jointly with my mother. I do not need the income of my mother for sponsorship, but I was curious if she should be filling out or signing anything since her name and income are included on the tax returns?

Dad only has to do the I-864. Think of the I-864A as a "permission slip" from a family member he would list on 24b if he needed to pool their money with his. For example, Mom is his family member. So on form I-864, he lists his employment and income in the appropriate blanks. Then when he gets to #24, he could list Mom and what she earns if he didn't make enough on his own. Mom would have to give her permission. The I-864A would be a "permission slip" for Mom to fill out. Then she would also have to provide evidence of her income.

Dad does not have to list Mom, but he needs to clearly show his own income with an employer letter, paystubs, or even his own W2 since a tax return alone won't show who made what. He (and any joint sponsor) also needs to provide proof of his US citizenship or permanent resident status with a photocopy of his US birth certificate or passport or greencard.

2) My tax returns are back in the US (I'm in the UK), and my dad cannot locate my W2s - he can locate the actual retuns, though. Am I correct in believeing that because he cannot locate the W2s that accompany them, that I need to order an IRS transcript?

Thanks, in advance, for the continued help you guys always extend!

A transcript would be best since you don't have a W2. If you order online or by phone, they get mailed to the address on the tax return. If that's Dad's address, then Yay! But if you filed any year using an address where you or a family member no longer lives, then you must order using this form to choose a new address to receive them. Form 4506-T http://www.irs.gov/pub/irs-pdf/f4506t.pdf

[pushbrk 13,616]

Dad only has to do the I-864. Think of the I-864A as a "permission slip" from a family member he would list on 24b if he needed to pool their money with his. For example, Mom is his family member. So on form I-864, he lists his employment and income in the appropriate blanks. Then when he gets to #24, he could list Mom and what she earns if he didn't make enough on his own. Mom would have to give her permission. The I-864A would be a "permission slip" for Mom to fill out. Then she would also have to provide evidence of her income.

Dad does not have to list Mom, but he needs to clearly show his own income with an employer letter, paystubs, or even his own W2 since a tax return alone won't show who made what. He (and any joint sponsor) also needs to provide proof of his US citizenship or permanent resident status with a photocopy of his US birth certificate or passport or greencard.

A transcript would be best since you don't have a W2. If you order online or by phone, they get mailed to the address on the tax return. If that's Dad's address, then Yay! But if you filed any year using an address where you or a family member no longer lives, then you must order using this form to choose a new address to receive them. Form 4506-T http://www.irs.gov/p...-pdf/f4506t.pdf

Good answers. There's more than one tax transcript though, so order a "tax RETURN transcript".

[GeorgiaPeach 2]

Thanks a million Nich-Nick & pushbrk, I can always rely on your sound advice!

[GeorgiaPeach 2]

Okay, I keep reading conflicting information as I read others' posts on VJ, so I'll try this again and see if someone can provide clarification.

My father is my husband's (UK citizen) joint-sponsor. He makes enough on his own to be the only joint-sponsor. I have filled out my I864, and my father is filling out his as well. My question comes with regard to the I864a. My mother and father file taxes jointly; however, I have the individual W2s for each of them so that the immigration officers can see his income separately. Therefore, I do not need my mother's income at all. But, because they file jointly, does my mother need to be filling out/signing the I864a, also? If so, what parts? I'm confused because if she filled out Parts I and II, it looks as if I'm using her income as well, which I'm not. And wouldn't that also require her to fill out the I864?

[Penguin_ie 6,000]

I always thought if filing jointly, the permission from the spouse was needed, and so the mother needs to fill out the I-864a.

[pushbrk 13,616]

I always thought if filing jointly, the permission from the spouse was needed, and so the mother needs to fill out the I-864a.

That is my recommendation but it is not an actual requirement if the W2 forms clearly indicate the sponsor's personal income is sufficient. When using joint assets or the income is from a family business etc. it is critical to have the spouse provide the I-864a. It's also the safe bet in any joint filing situation.

[Nich-Nick 3,354]

Thanks a million Nich-Nick & pushbrk, I can always rely on your sound advice!

You can rely on us so stop reading other advice. My answer is still the same.

<snip>...Dad does not have to list Mom, but he needs to

clearly show his own income with an employer letter, paystubs, or even his own W2

since a tax return alone won't show who made what.

Prove Dad makes enough and they are happy. One tax return I submitted was filed jointly with my deceased husband that was loads more money than I currently made. I proved my current income and they didn't care about my joint tax return. I didnt write any notes to explain the joint return with a different husband either. I even listed the big joint income straight off the 3 year old tax return. Prove Dad's current income.

Edited November 26, 2012 by Nich-Nick

[GeorgiaPeach 2]

Ok, thanks guys! I won't read any more threads on I864s!! Thanks for reassuring me :-)

[pushbrk 13,616]

Ok, thanks guys! I won't read any more threads on I864s!! Thanks for reassuring me :-)

Other threads are not likely to directly address your own circumstances. They have been addressed here.

[Nich-Nick 3,354]

Ok, thanks guys! I won't read any more threads on I864s!! Thanks for reassuring me :-)

Part of the confusion is either way is acceptable. Just a joint tax return wouldn't prove Dad on his own can independently sponsor because the money is all lumped together on a tax return. But providing proof he makes the big bucks proves he can sponsor on his own (well joint sponsor with your I-864) If you feel better adding in Moms money and I-864A, just remember to get her proofs of income and US citizenship also.

[GeorgiaPeach 2]

Part of the confusion is either way is acceptable. Just a joint tax return wouldn't prove Dad on his own can independently sponsor because the money is all lumped together on a tax return. But providing proof he makes the big bucks proves he can sponsor on his own (well joint sponsor with your I-864) If you feel better adding in Moms money and I-864A, just remember to get her proofs of income and US citizenship also.

Thanks a million