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I-130 & i-485 Concurrent Tax Return Question

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I am an US citizen looking to file I-130 and I-485 concurrently for my Brazilian spouse and DACA recipient who I am living with in the United States. 


We have filed our most recent taxes jointly, so I am wondering about the following:

  • When submitting our tax return, 1040, should we also include the Federal Return Summary, Form 8879 (IRS e-file Signature Authorization), and Form 8965 (Health Coverage Exemptions) sections in within the 1040?
  • Regarding Form I-864 Part 6, 19a to 19c: "My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was."
    • Considering we filed jointly and I am above the poverty level, should we enter line 22 (Total Income) from Form 1040 or should I use line 1 (Total Reported Wages) from my W-2? 
    • If we must use line 22 (Total Income) from Form 1040, is it sufficient to just send my W-2, or does my spouse also need to fill out an I-864A?


Also, please let me know if the following cover letter makes sense:


September 23, 2017 


US Citizenship & Immigration Services

P.O. Box 805887

Chicago, Il 60680-4120



Re:        Petitioner:    


                                       Form I-130 Relative Petition filed concurrently with Form I-485,

                                       Application to Register Permanent Residence


Dear Sir or Madam:


The above petitioner, ______, a US Citizen, is filing I-130 Relative Petition on behalf of his spouse, _______. Form I-485, Application to Register Permanent Residence or Adjust Status of the above beneficiary is herewith submitted.


The following documents are submitted for your adjudication:

  1. Two checks totaling $1,760 to cover filing fees as follows:

    1. I-130: $535

    2. I-485: $1,225.00 ($1,140 filing fee for Form I-485 + $85 fee for biometrics service)

  2. Form I-130 Petition

    1. Form G-1145, e-Notification for Application/Petition Acceptance;

    2. Form I-130, Petition for Alien Relative;

      1. Form I-130A, Supplemental Information for Spouse Beneficiary;

    3. Form I-864, Affidavit of Support Under Section 213A of the INA (executed by Petitioner with supporting documents);

      1. Copy for 2016 W-2 (Petitioner)

      2. Copy of 2016 W-2 (Beneficiary)

      3. Copy of 2016 Federal Tax Return

      4. Form I-864A, Contract Between Sponsor and Household Member 

      5. Copy of Pay Stubs from the most recent 6 months (Petitioner)

      6. Copy of bank statements from the most recent 3 months (Petitioner)

    4. Form G-325A, Biographic Information;

    5. Copy of Petitioner’s Passport;

    6. Copy of Petitioner’s Marriage License and Certificate of Marriage;

    7. Copy of lease showing joint tenancy of common residence;

    8. Copy of documentations showing combined resources;

    9. Copy of gas bill showing ongoing marital union;

  3. Form I-485 Petition

    1. Form I-485, Application to Register Permanent Resident or Adjust Status

    2. Form G-325A, Biographic Information;

    3. Form I-765, Application for Employment Authorization (with 2 photos);

      1. Copy of Employment Authorization Card

    4. Beneficiary’s Medical Examination (sealed);

    5. Copy of Beneficiary’s Birth Certificate with English translation;

    6. Copy of Beneficiary’s Passport with stamped entered date;

    7. Copy of Beneficiary’s I-94;

    8. Copy of Marriage License and Certificate of Marriage;

    9. Copy of Beneficiary’s driver license and unexpired passport.


Your attention in the above matter is greatly appreciated.


Appreciate the help!


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It would be better to get the tax return transcript from the IRS vs trying to figure out your entire tax return.  

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss


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