Need help RFIE for I-485

[bbf3562 27]

I got a pink paper RFIE that they requested me to send 2016 federal income tax returns (IRS 1040 form) with W2.

I only have 1040EZ form submitted through TurboTax in 2016. Will that be acceptable instead of regular 1040 form or I will need to get 1040 tax return transcript from IRS?

[SkruDe 311]

Looking thru the instructions of the I-864, on page 8 is only mention of 1040EZ form and it is just telling you which line you are to use as your reported total income for the years in question on Part 6.  Given it doesn't specify exactly, it makes me inclined to say they are going to want to see the copy of the 1040, not 1040EZ. 

 

Maybe someone else has submitted 1040EZ, and hopefully they chime in with results.

[Ebunoluwa 6,136]

Get the transcripts which has all schedules attached.

[Suudsu 66]

6 hours ago, bbf3562 said:

I got a pink paper RFIE that they requested me to send 2016 federal income tax returns (IRS 1040 form) with W2.

I only have 1040EZ form submitted through TurboTax in 2016. Will that be acceptable instead of regular 1040 form or I will need to get 1040 tax return transcript from IRS?

What did you submit originally? Did you submit W-2s with the 1040EZ?

 

I'm guessing the problem is the fact that it was an electronic return. Given that you e-filed your return, chances are it doesn't have a signature on it. Since there is no distinction in the I-864 instructions between a paper-filed and e-filed tax return, this link may be helpful:

http://lawandborder.com/i-864-affidavit-of-support-help-center/#71_Documents_to_File

 

It refers specifically to the USCIS AFM:

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3055.html#0-0-0-381

Specifically, this note:

Quote

IRS permits and encourages electronic filing of Forms 1040, 1040A and 1040EZ. An electronically filed tax return may also be signed electronically. When a person signs and files the tax return electronically, a “hard copy” of the original tax return will not exist. In this situation, it is acceptable for the person to submit a plain copy printout, showing the tax return as it would have looked, had it been filed on paper, together with the IRS-issued “declaration control number.” By signing the Form I-864 or I-864A “under penalty of perjury,” the person certifies that the copy is a copy of what was submitted to IRS. As with paper-filed returns, it is also acceptable for the person to submit an IRS transcript of the electronically filed return.

Emphasis is mine.

 

The declaration control number is out of date: it is now an ID confirmation number. I included the ID confirmation number that I got with my 2016 return (filed using H&R Block), as proof that it was accepted by the IRS.

 

3 hours ago, Ebunoluwa said:

Get the transcripts which has all schedules attached.

I agree that transcripts are easier for this. The IRS will mail it to you in ~10 days. I've since gotten a transcript of my 2016 return.

[bbf3562 27]

16 hours ago, Suudsu said:

What did you submit originally? Did you submit W-2s with the 1040EZ?

 

I'm guessing the problem is the fact that it was an electronic return. Given that you e-filed your return, chances are it doesn't have a signature on it. Since there is no distinction in the I-864 instructions between a paper-filed and e-filed tax return, this link may be helpful:

http://lawandborder.com/i-864-affidavit-of-support-help-center/#71_Documents_to_File

 

I submit with only W2 form. I didn't submit 1040 originally.

[Suudsu 66]

3 hours ago, bbf3562 said:

I submit with only W2 form. I didn't submit 1040 originally.

You need to submit a 1040. The EZ should be fine.

 

If you can get the transcripts from the IRS (as Ebunoluwa suggests), USCIS prefers that. The transcript has the added advantage that if you filed your previous tax returns single (probably the case given that your spouse arrived this year), just submitting the 1040 transcripts from the IRS is sufficient.