I-864 Affidavit of Support: Tax Transcripts and/or W2's?

[3rd 84]

Hi all,

I'm sure I'll be using this forum a lot over the coming weeks, and I thought I'd kick off my posting with a pertinent question that I'm having trouble finding a definitive answer for. Filing out the I-864 and have a joint sponsor to supplement my husband as he's currently unemployed (but about to sign up for a general contractors license). My question is, with the joint sponsor, what is it that we need to supply?

We have a copy of her birth certificate, letter of employment, her Income Tax Returns for the last 3 years (2014, 2013, and 2012), her W2's for the last 3 years (2014, 2013, and 2012), and pay stubs dating back for the past 6 months. I believe we also have her tax transcripts from all these years also. I have read conflicting advice about only having to supply the tax transcripts instead of the tax returns and W2's. Is this correct?

I also need to be sure of a few other things. The Sponsor's Household Size would be me as the person she is sponsoring, herself, she is married and has one dependant child. This totals 4, so what would the minimum she would need to make be to cover USCIS poverty guidelines? I'm a little confused on the whole section, epecially as she uses her salary alongside her husbands to support their child.

If it's easier just to supply everything, then we will but I also just want to make the process as streamlined as possible. Any advice would be greatly appreciated! I've already been able to fill in a great majority of my forms just by lurking, you guys rock!

[teeak 224]

In lieu of providing the 3 years tax returns and W-2s, you have the option of submitting just the tax transcripts along with pay stubs, employment letter etc.

Yes, you're right, 4 is the correct number. She needs to have an income of at least $30,312. If she is using her husband's income as well and if he is included on her tax returns, then he will need to fill out an I-864A.

[3rd 84]

In lieu of providing the 3 years tax returns and W-2s, you have the option of submitting just the tax transcripts along with pay stubs, employment letter etc.

Yes, you're right, 4 is the correct number. She needs to have an income of at least $30,312. If she is using her husband's income as well and if he is included on her tax returns, then he will need to fill out an I-864A.

Okay, that makes things a little easier. And he is named as they file jointly so even if I'm only supplying the tax transcripts instead of the tax returns and W2's, I need to make sure he fills out the I-864A?

Thanks for your input!

[Ricdan 9]

The tax transcript is used in case you don't have your return. It serves as a substitute for both the return and W2. You only need to send last years return and W2 OR the trascript for last year. No need in sending three years worth of inforation. Also, no need in sending 6 months worth of pay stubs, just the most recent (around 4-6). Now-a-days USCIS electronically verifies all of this information with the IRS. For a household of 4 she would have to make $30,312 on her own. If she doesn't meet the threshold on her own then she can include her husband's income. He would have to fill out form I864A.

[teeak 224]

Yes, married filing jointly. I have read in other threads that if one person's income is enough to sponsor then the household member doesn't need to complete an I-864A but, if your sponsor's husband is willing to complete one, then I think it's better.

Also, you'll have to name him in Part 6, Question 6a on her I-864 form and check off the box stating that he will be submitting an I-864A. You should also include evidence of his own income as well (pay stubs, employment letter etc.)

[3rd 84]

Thanks both!

We worked out that she earns over $50k alone, as she works several jobs. So it would be great not to have to fill out a supplemental form if there isn't a need for it.

I also heard that although supplying the 3 years wasn't necessary, that it can help to prove that the income is steady and would be able to support me. I compiled my checklist based on several other AOS ones I'd seen in the forums, but if you think it's overkill then I'm more than happy not to make additional expensive copies.

[Ricdan 9]

Thanks both!

We worked out that she earns over $50k alone, as she works several jobs. So it would be great not to have to fill out a supplemental form if there isn't a need for it.

I also heard that although supplying the 3 years wasn't necessary, that it can help to prove that the income is steady and would be able to support me. I compiled my checklist based on several other AOS ones I'd seen in the forums, but if you think it's overkill then I'm more than happy not to make additional expensive copies.

It's over kill. Some people go overboard with what they send. I'm glad to hear that your sponsor makes more than enough. It saves you the hassle of having to fill out another form.

[3rd 84]

It's over kill. Some people go overboard with what they send. I'm glad to hear that your sponsor makes more than enough. It saves you the hassle of having to fill out another form.

That's wonderful, anything to cut down on the cost of all that photocopying (!!!). I have been researching and I heard that I should supply the tax transcript with the W2's of my sponsor due to the fact that the tax transcript is a joint one. I'd hate to get an RFE purely for leaving out something like this in lieu of filling out the I-864A.

Thanks so all your help so far.

[Nich-Nick 3,353]

That's wonderful, anything to cut down on the cost of all that photocopying (!!!). I have been researching and I heard that I should supply the tax transcript with the W2's of my sponsor due to the fact that the tax transcript is a joint one. I'd hate to get an RFE purely for leaving out something like this in lieu of filling out the I-864A.

Thanks so all your help so far.

It sounds like you have been researching forums well, but not the actual instructions for the I-864 http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Many of your questions that "you heard" are verified by USCIS in the instructions they wrote. For example, the quotes are directly from the instructions---

"You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year.

(One or the other)

(Only most recent year)

"If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years."

(Three years is optional)

"If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-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."

(tax return photocopy must have a W2 with it or it doesn't count)

(No W2 required with transcript)

"For example, you may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary. You may also provide pay stub(s) showing your income for the previous 6 months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income.

(USCIS says 6 months)

One thing you need to understand is if you only send tax returns or transcripts, the income shown on a joint tax return is lumped together as a household. There is no way the USCIS can see if the sponsoring Mrs makes enough on her own. So they will send an RFE saying your sponsor does not qualify. It's not for lack of money. It is because they can't tell from the joint tax return how much is your sponsor's income. So they don't consider any of it. You must CLEARLY document her income by including the letter from her employer and the 6 months pay stubs.

On the form there is section 6 item #5 where she states her income and it should roughly match what her employer letter and pay stubs show.

Then there is Section 6 item #13 a b c where they ask for numbers off the tax returns. That should match exactly what the tax return says. Doesn't matter if it is lumped with hubby.( It's line 22 if they filed a IRS Form 1040. Just copy the number even though it includes husband).

Hope that helps. Always read instructions.

[3rd 84]

It sounds like you have been researching forums well, but not the actual instructions for the I-864 http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Many of your questions that "you heard" are verified by USCIS in the instructions they wrote. For example, the quotes are directly from the instructions---

"You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year.

(One or the other)

(Only most recent year)

"If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years."

(Three years is optional)

"If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-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."

(tax return photocopy must have a W2 with it or it doesn't count)

(No W2 required with transcript)

"For example, you may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary. You may also provide pay stub(s) showing your income for the previous 6 months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income.

(USCIS says 6 months)

One thing you need to understand is if you only send tax returns or transcripts, the income shown on a joint tax return is lumped together as a household. There is no way the USCIS can see if the sponsoring Mrs makes enough on her own. So they will send an RFE saying your sponsor does not qualify. It's not for lack of money. It is because they can't tell from the joint tax return how much is your sponsor's income. So they don't consider any of it. You must CLEARLY document her income by including the letter from her employer and the 6 months pay stubs.

On the form there is section 6 item #5 where she states her income and it should roughly match what her employer letter and pay stubs show.

Then there is Section 6 item #13 a b c where they ask for numbers off the tax returns. That should match exactly what the tax return says. Doesn't matter if it is lumped with hubby.( It's line 22 if they filed a IRS Form 1040. Just copy the number even though it includes husband).

Hope that helps. Always read instructions.

Thanks for your detailed reply. I went over the instructions several times, but after doing this for so many forms along with other worldly stresses, I just had to be sure. As I know with a lot of people, it's nice to know you're not going to get an RFE over an oversight or not including something that may have helped your case. The problem has been reading instructions only to see others have done things differently and then everything getting lost in translation. Instructions are God, obviously when it comes to this process, I just needed clarification.

I will be including the 6 months of pay stubs as I had seen on the instructions, which we've already collected as well as the employment letter. My issue is that she has several jobs for the current tax year, so it seems to me that including the W2's just helps to make this process a little easier and perhaps soothe my paranoia in not having to fill out an I-864A. It's only a few extra photocopies, which she has already supplied us.

Thanks for clearing the tax return line though, that's something that I most certainly needed clarified.

[Nich-Nick 3,353]

Thanks for your detailed reply. I went over the instructions several times, but after doing this for so many forms along with other worldly stresses, I just had to be sure. As I know with a lot of people, it's nice to know you're not going to get an RFE over an oversight or not including something that may have helped your case. The problem has been reading instructions only to see others have done things differently and then everything getting lost in translation. Instructions are God, obviously when it comes to this process, I just needed clarification.

I will be including the 6 months of pay stubs as I had seen on the instructions, which we've already collected as well as the employment letter. My issue is that she has several jobs for the current tax year, so it seems to me that including the W2's just helps to make this process a little easier and perhaps soothe my paranoia in not having to fill out an I-864A. It's only a few extra photocopies, which she has already supplied us.

Thanks for clearing the tax return line though, that's something that I most certainly needed clarified.

I would make a spreadsheet like thing to point it out. Add it right behind the I-864.

Joint Sponsor Mary Smith's Separate Income 2014

Walmart ....$15,000.00

Starbucks ..$15,000.00

Macy's .......$20,000.00

TOTAL .....$50,000.00

See attached 2014 W2s for documentation

Then photocopy the W2s and put behind that.

Then the 2014 transcript which is easier and less pages in my opinion.

Then the pay stubs, employer letters, etc.

Just my opinion. Do what seems logical to you. Make sure whatever she puts in section 6 #5 is not more than she documents with extra proof.

Three current jobs=three employer letters. Right?

[3rd 84]

I would make a spreadsheet like thing to point it out. Add it right behind the I-864.

Joint Sponsor Mary Smith's Separate Income 2014

Walmart ....$15,000.00

Starbucks ..$15,000.00

Macy's .......$20,000.00

TOTAL .....$50,000.00

See attached 2014 W2s for documentation

Then photocopy the W2s and put behind that.

Then the 2014 transcript which is easier and less pages in my opinion.

Then the pay stubs, employer letters, etc.

Just my opinion. Do what seems logical to you. Make sure whatever she puts in section 6 #5 is not more than she documents with extra proof.

Three current jobs=three employer letters. Right?

Perfect, like a supplement to all the paperwork to keep it neatly organised.

We should have all her employment letters, but I'll be checking later just to be sure. If not, I'll have to make a trip to get them. With fingers crossed, we'd like to get the package out by the end of this week.