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I was told by one of the members here that if I submit IRS transcript then W2s are not needed. I file joint tax return with my husband who is also the intending immigrant (he is here and works legally). I make over poverty line myself so I want to apply using my income only. I read in the I864 instruction that if I file joint tax and just want to use my income (not my husband's) to qualify for I864 then I have to provide W2s of the most recent year even if I submit IRS transcript with my application. Now, if this is true then do I include just my W2s or my husbands' too? I have attached the section of the I-864 instruction here in this post for your review. I just need someone to look over the i864 instruction to make sure that I am reading it correctly.

Thanks in advance.

post-204707-0-13540700-1439695576_thumb.png


CIS Office : New York City NY Date Filed : 2015-09-02 NOA Date : 2015-09-04 RFE(s) : None Bio. Appt. : 2015-09-29

EAD Approved Date : 2015-11-04

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To be clear:

The photocopy of tax return, as they refer to it... is a copy of the form:1040 you filed taxes with.

W2s - are the payment stubs you receive from your employer as proof of documentation of your wages and withheld taxes

Tax transcripts - are a printed piece of paper that summarizes your tax history for that year.

So you have 2 options:

1. You can send in that photocopy of 1040 + ALL W2s ( so if you filed married-joint you need to provide the W2 for both husband and wife)

or

2. Get the transcripts from the IRS and this is the only thing you need.


PETITION I-130

1/2/2015 - Petition sent to Phoenix Lockbox

1/6/2015 - NOA #1 Receipt

7/1/2015 - NOA #2 Approved

7/10/2015 - Email from Nebraska stating sent the case to NVC

NVC

7/16/15 - Case Received by NVC

7/30/15 - Case number assigned

8/3/15 - DS-261 Agent available

8/4/15 - DS-261 Agent completed

8/4/15 - AOS fee available & paid

8/6/15 - Check cleared the bank & bar-code cover sheet now available

8/13/15 - AOS Packet & IV Packet sent to NVC by priority mail

8/15/15 - IV fee available & paid same day

8/17/15 - NVC received package

8/19/15 - Check cleared the bank & DS-260 available & DS-260 completed!!! ALSO, we received email notification from NVC that they received package on 8/17

- Case completed at NVC

- Case sent to Embassy on this date

EMBASSY

- Embassy received packet

- Wife received Packet 3/4 Instructions

- Medical appointment

- Interview

Point of Entry

- Enter Austin, Texas

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EDIT timer ran out. The last sentence of those instructions are a little misleading as I read them also. A little bit confusing. Those instructions are on the I-864EZ also. Especially considering that the I-864EZ is only used for the sole support by the petitioner.

Just be sure your using the best form for your situation:

( Under Complete Affidavit of Support )

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

AND THEN ALSO

(Under financial evidence )

---It will tell you all of the required evidence depending on which form you need to fill out. Those filling out form I-864EZ only need to provide tax return for the last year. Per the TITLE: "Tax Transcripts"........... Or you can see the sub-heading "If you cannot obtain your tax transcripts", then you can include the 1040 copy, any 1099, and all W2s.

Edited by Karmalious

PETITION I-130

1/2/2015 - Petition sent to Phoenix Lockbox

1/6/2015 - NOA #1 Receipt

7/1/2015 - NOA #2 Approved

7/10/2015 - Email from Nebraska stating sent the case to NVC

NVC

7/16/15 - Case Received by NVC

7/30/15 - Case number assigned

8/3/15 - DS-261 Agent available

8/4/15 - DS-261 Agent completed

8/4/15 - AOS fee available & paid

8/6/15 - Check cleared the bank & bar-code cover sheet now available

8/13/15 - AOS Packet & IV Packet sent to NVC by priority mail

8/15/15 - IV fee available & paid same day

8/17/15 - NVC received package

8/19/15 - Check cleared the bank & DS-260 available & DS-260 completed!!! ALSO, we received email notification from NVC that they received package on 8/17

- Case completed at NVC

- Case sent to Embassy on this date

EMBASSY

- Embassy received packet

- Wife received Packet 3/4 Instructions

- Medical appointment

- Interview

Point of Entry

- Enter Austin, Texas

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I was told by one of the members here that if I submit IRS transcript then W2s are not needed. I file joint tax return with my husband who is also the intending immigrant (he is here and works legally). I make over poverty line myself so I want to apply using my income only. I read in the I864 instruction that if I file joint tax and just want to use my income (not my husband's) to qualify for I864 then I have to provide W2s of the most recent year even if I submit IRS transcript with my application. Now, if this is true then do I include just my W2s or my husbands' too? I have attached the section of the I-864 instruction here in this post for your review. I just need someone to look over the i864 instruction to make sure that I am reading it correctly.

Thanks in advance.

attachicon.gifScreen Shot 2015-08-14 at 2.11.54 AM.png

If you use a copy of the return, then you would include a copy of all forms, schedules, W-2s and/or 1099s. When using a tax transcript, the W-2 is usually not necessary. However, since you file jointly are wanting to show your individual income from the taxes, then include a copy of your W-2 along with the joint IRS transcript. You will also include proof of your individual current income with a letter from your employer and/or recent pay stubs.

A W-2 is not a pay stub. It is tax form that is sent out once a year showing how much someone earned, and how much was withheld in taxes for the year.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I was told by one of the members here that if I submit IRS transcript then W2s are not needed. I file joint tax return with my husband who is also the intending immigrant (he is here and works legally). I make over poverty line myself so I want to apply using my income only. I read in the I864 instruction that if I file joint tax and just want to use my income (not my husband's) to qualify for I864 then I have to provide W2s of the most recent year even if I submit IRS transcript with my application. Now, if this is true then do I include just my W2s or my husbands' too? I have attached the section of the I-864 instruction here in this post for your review. I just need someone to look over the i864 instruction to make sure that I am reading it correctly.

Thanks in advance.

attachicon.gifScreen Shot 2015-08-14 at 2.11.54 AM.png

If you send extra copy of W2, it is not that big deal. I usually send all documents and never had any problem. Trust me, i have sponsored many people in past.

11/27/2013 - Priority Date

04/01/2015 - I-130 Approved

04/21/2015 - NVC received Case

04/29/2015 - DS261 filled

05/02/2015 - Case under CSPA review

06/04/2015 - Supervisor review Initiated-Wait 42 days

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If you send extra copy of W2, it is not that big deal. I usually send all documents and never had any problem. Trust me, i have sponsored many people in past.

Thanks there everyone! I was wondering (because I read on few other threads) that the tax return is not the deciding evidence (I believe that would be employment letter and pay stubs) for the proof of sponsorship ability, why do they ask for one then. There must be a reason.

Edited by Subee9

CIS Office : New York City NY Date Filed : 2015-09-02 NOA Date : 2015-09-04 RFE(s) : None Bio. Appt. : 2015-09-29

EAD Approved Date : 2015-11-04

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Thanks there everyone! I was wondering (because I read on few other threads) that the tax return is not the deciding evidence (I believe that would be employment letter and pay stubs) for the proof of sponsorship ability, why do they ask for one then. There must be a reason.

They ask for the info from your last 3 years of taxes and to submit the most recent return for a couple of reasons. One is to get an overall picture of your finances, to see if you have a stable, ongoing income. Your current income is most important, but they do look at the totality of your situation.

The other is to see if you legally filed your US taxes. If you were required to file, then you must, in order to be a sponsor.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Also,

My husband is the petitioner and sponsor, of course but he used his household members' income too (his mom, dad and sister) because he is living with them, his mom and dad filed tax jointly, we already have their irs tax transcript, should we also get the w2 forms for his mom and dad? Or the irs tax transcript is enough?

Thanks.

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You only need photocopies. If both the mom and dad are supplying an I-864A, then no need for the W-2s. The joint IRS transcript is enough, though they may both need to supply proof of their current individual incomes.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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They ask for the info from your last 3 years of taxes and to submit the most recent return for a couple of reasons. One is to get an overall picture of your finances, to see if you have a stable, ongoing income. Your current income is most important, but they do look at the totality of your situation.

The other is to see if you legally filed your US taxes. If you were required to file, then you must, in order to be a sponsor.

Gotcha thanks!!

i have one more question guys. So, i didn't file tax for the tax year 2012 because I arrived to united states on oct, 29 2012 and didn't work at all until like feb, 2013. So I have written a letter to uscis explaining this situation as per the instruction. Now I don't know if I have to submit any documents other than this letter. If yes please let me know what. Below is the letter that I wrote. Please have a look at it and see if I am missing anything. Thank you.

_________________________________________________________________________________________________________________________________________

August 23, 2015

United States Citizenship and Immigration Services

PO Box 805887

Chicago, IL 60680-4120

Re: Affidavit of support I-864 form

Dear Sir/ Madam,

I am (name), sponsor of the principal immigrant listed in Part 2, 1.a, 1.b. of the form I-864. In Part 6, 13.c. of the form I-864, I have written “not applicable.” This is because I did not work at all in 2012. I arrived to United States on October 29, 2012. My very first job in United States didn’t start until February 2013.

I would also like to bring it to your attention that I have included the most recent tax transcript and all W2 forms that is related to it. This is because I filed a joint income tax return with my spouse, who is also an intending immigrant, but I am qualifying using my income only.

Sincerely,

_________________

(Name)

_________________________________________________________________________________________________________________________________________

Edited by Subee9

CIS Office : New York City NY Date Filed : 2015-09-02 NOA Date : 2015-09-04 RFE(s) : None Bio. Appt. : 2015-09-29

EAD Approved Date : 2015-11-04

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for my joint sponsor i have sent IRS TAX only with employment letter then i got check list as the required about the reson of not filling the tax of my wife i sent letter for the reason

so its better to send your letter with irs tax and employment letter and you can check with other member as Advice


PD 02/ OCT 2013

NVC

25/march 2015 Welcome letter received with bar-code letter
05/April 2015 DS 261 Completed
01/April 2015 AOS Fee Paid
10/May 2015 Received letter from NVC for approved my DS 261
18/May 2015 AOS and IV sent....

21 May 2015 Scan date .....received email form NVC on 29 of May

29/May 2015 Sent money order by mail for IV fee

04 june 2015 IV Fee Paid (email from NVC on 10 of June )

22 june 2015 received check list letter from NVC For not filling of ds260 !!!!

25 june 2015 scan date for AOS (check list )

26 june 2015 IV paid

29 july CC

interview by 24 sep email received by 31 of august

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Gotcha thanks!!

i have one more question guys. So, i didn't file tax for the tax year 2012 because I arrived to united states on oct, 29 2012 and didn't work at all until like feb, 2013. So I have written a letter to uscis explaining this situation as per the instruction. Now I don't know if I have to submit any documents other than this letter. If yes please let me know what. Below is the letter that I wrote. Please have a look at it and see if I am missing anything. Thank you.

_________________________________________________________________________________________________________________________________________

August 23, 2015

United States Citizenship and Immigration Services

PO Box 805887

Chicago, IL 60680-4120

Re: Affidavit of support I-864 form

Dear Sir/ Madam,

I am (name), sponsor of the principal immigrant listed in Part 2, 1.a, 1.b. of the form I-864. In Part 6, 13.c. of the form I-864, I have written “not applicable.” This is because I did not work at all in 2012. I arrived to United States on October 29, 2012. My very first job in United States didn’t start until February 2013.

I would also like to bring it to your attention that I have included the most recent tax transcript and all W2 forms that is related to it. This is because I filed a joint income tax return with my spouse, who is also an intending immigrant, but I am qualifying using my income only.

Sincerely,

_________________

(Name)

_________________________________________________________________________________________________________________________________________

You don't write a letter. You write a supplement/attachment sheet for that question of the I-864. All you need to do is make a statement explaining why you were not legally required to file taxes that year, such as your income being below the filing threshold. You include this with your I-864 and supporting documents.

The new form now has a place to add extra information in Part 11, Page 12. It also now includes a box you can check stating that you were not required to file, in Part 6 #20. Be sure you are using the new form version from the USCIS site. The 3 years of Total Income from your taxes is now entered on Part 6 #19a-c. You can use the previous form edition until Oct., but the new one makes it easier to state you were not required to file one year and provide the statement below in Part 11 right there on the form itself. If you use the previous form edition, then just include an attachment sheet with your explanation statement. Hand-write above Part 6 #13a.-c., "Did not file 2012. Income too low. See attachment."

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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The new form part6 #20 also asks for evidence to prove that the income was too low. What evidemce can I provide to prove that. Also, Its not that my income was too low, i just didn't work at all. So my income was 0.


CIS Office : New York City NY Date Filed : 2015-09-02 NOA Date : 2015-09-04 RFE(s) : None Bio. Appt. : 2015-09-29

EAD Approved Date : 2015-11-04

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The new form part6 #20 also asks for evidence to prove that the income was too low. What evidemce can I provide to prove that. Also, Its not that my income was too low, i just didn't work at all. So my income was 0.

Your income was 0, which was too low to have to legally file. Put N/A for that year's Total Income and include the statement. That is the evidence.

From the I-864 instructions, Page 8>

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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