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K1visaHopeful

I-864 Are 3 year's of W2's REQUIRED?

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I know that we must submit at least a copy of last years tax returns but the 2 previous years are optional.

I understand that we need to input our income from the last 3 years in 24.a, b., and c. even if we are not submitting all three years of tax returns.

 

What I do not understand though is if it is REQUIRED to submit the W2's from all three years that we have reported in 24.a, b, and c.?

I am submitting the W2's from the most previous year but do I have to submit W2's for all three years?

If yes, can some one show me the proof in the I-864 instructions as to where it says all three are required? 

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No, it's not required to provide tax return copies (or W-2s) for the 2 and 3 prior year returns. There is a checkbox on the I-864 to indicate if you will do so....leave it blank if you aren't.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, geowrian said:

No, it's not required to provide tax return copies (or W-2s) for the 2 and 3 prior year returns. There is a checkbox on the I-864 to indicate if you will do so....leave it blank if you aren't.

That's where I was confused. I've read a lot of ppl who omitted sending the tax returns for the 2nd and 3rd years STILL submitted the W2's for those two years for some reason. I didnt understand why they'd still submit the W2's if they checked that box. Didnt make sense and I couldn't find ANYWHERE in the instructions stating you still has to submit the W2's for year 2 and 3 even if you weren't submitting the tax forms.

Thanks for clarifying. Some are overzealous to no measure on here and it doesnt help when they dont explain their method to their madness.

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Just now, K1visaHopeful said:

That's where I was confused. I've read a lot of ppl who omitted sending the tax returns for the 2nd and 3rd years STILL submitted the W2's for those two years for some reason. I didnt understand why they'd still submit the W2's if they checked that box. Didnt make sense and I couldn't find ANYWHERE in the instructions stating you still has to submit the W2's for year 2 and 3 even if you weren't submitting the tax forms.

Thanks for clarifying. Some are overzealous to no measure on here and it doesnt help when they dont explain their method to their 

I only submitted the last tax return and w2, but took the 2nd and 3rd years to the interview just in case I was asked for it.

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14 minutes ago, Ann&James said:

I only submitted the last tax return and w2, but took the 2nd and 3rd years to the interview just in case I was asked for it.

I have both the 2nd and 3rd years IRS Transcripts too. They just dont help our case because he was a full time student then. His current income and last years IRS Transcripts do so that is the only thing that is relevant. I'll bring them to the interview too as they clearly show he survived off educational funding. 

Edited by K1visaHopeful

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5 minutes ago, kris&me said:

i submited all 3 as it said to submit all supporting evidence 

the new letters for interview say in #4 to take all original documents to interview so process has changed 

Which are you referring to though?

Did you check the optional box saying you were NOT submitting the tax forms for the second and third years but STILL sent the 2nd and 3rd year W2's?

If you did, explain to me why you would do that?

That is where my confusion lies. Ppl are saying they did but they wont back up where in the instructions it says you must submit the W2's for all three years even if you did not submit the tax forms for all three years ....

Edited by K1visaHopeful

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just get your tax transcripts and submit those. no need for anything else (aside from documentation/proof of CURRENT income- pay stubs, employment letter, etc)


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

 

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4 minutes ago, K1visaHopeful said:

That's exactly my thinking. Thanks!

I would definitely recommend though submitting 3 years returns. 

 

We only submitted last years last week when we submitted and we'll just have to wait and see. 

 

Looking at  INA 213a:

(6) Demonstration of means to maintain income.- 

(A) In general.- 

(i) Method of demonstration.-For purposes of this section, a demonstration of the means to maintain income shall include provision of a certified copy of the individual's Federal income tax return for the individual's 3 most recent taxable years and a written statement, executed under oath or as permitted under penalty of perjury under section 1746 of title 28, United States Code, that the copies are certified copies of such returns.

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2 minutes ago, Calicolom said:

What they like to see is all 3 years IRS tax transcript, why risk rfe.

If they required us to submit all three years there would not be an option to NOT submit all three years. The instructions state to submit supporting documents to prove your income is over the poverty lines. It states you do not have to send documents that dont prove that or documents that prove it in excess.

My question is that why would you submit the W2s for all three years if you haven't submitted the tax returns for those three years?

Where in the instructions does it state that you have to submit all three years of W2's if you have not checked the optional box and submitted all three years of tax forms. That is my only question. I just want to see the proof of why you would send the W2's. 

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1 minute ago, K1visaHopeful said:

 I just want to see the proof of why you would send the W2's. 

except for maybe the current year when youve received the W2 but haven't filed yet (ex: you are submitting form in early 2019 before you have filed 2018 taxes, but you have your W2 for 2018), i see no reason to. The tax transcripts detail absolutely everything - far more than a W2 does.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

 

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5 minutes ago, thatguyuknow said:

I would definitely recommend though submitting 3 years returns. 

 

We only submitted last years last week when we submitted and we'll just have to wait and see. 

 

Looking at  INA 213a:

(6) Demonstration of means to maintain income.- 

(A) In general.- 

(i) Method of demonstration.-For purposes of this section, a demonstration of the means to maintain income shall include provision of a certified copy of the individual's Federal income tax return for the individual's 3 most recent taxable years and a written statement, executed under oath or as permitted under penalty of perjury under section 1746 of title 28, United States Code, that the copies are certified copies of such returns.

Still doesnt answer my question of why would you submit the W2's only for all three years and not all tax forms.. 

Thank you though...just waiting on an explanation from somebody who has submitted all W2s but not the tax returns. And where the evidence is that that is a requirement. Thanks again!!

Edited by K1visaHopeful

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