864 i-864 - Proof of income/financial ability

[617Haligonian 34]

Hiya! 

 

I'm putting together the last pieces for to file for AOS for my husband. He came on a b2 visitors visa in October of 2017 from Canada, we got married in april 2018 and are just now getting around to the paperwork. I graduated from college last May and jumped into full time employment in June 2018. Last year I made around 30k (only worked full time for half the year), and this year I'm expecting that number to be 55k+. However, at this point in the year I've only made around 16k of my expected 55k. I plan to include pay stubs and my offer letter from my employer showing my salary. Would it be wise to include supplemental materials (such as an account at TD Ameritrade for buying/selling stock) to solidify my case? I have a couple thousand dollars in a single stock account, and a couple thousand more in another account from an inheritance. If I include one stock account, do I have to list the other? 

 

On the 864 Part 6 number 7: "My current individual annual income", I believe I can put my salary of 55k as the the instructions permit "You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.". I'm going to add paystubs and the offer letter I got from my employer showing my salary (55k) but I'm nervous that since I've only made 16k at the time of filing, that it won't be enough and his AOS will be denied. 

TLDR: Expected income will be over the 125% of the poverty level for the whole year, currently haven't made enough this year to meet 125% of federal poverty level, should I include documents showing ownership of stock? If so, do I need to include all different stock accounts (like if one is at TD Ameritrade, and the other is at Charles Schwab, do I have to show both or can I show only one?) 

 

Thank you all! 

[mniceguy16 186]

51 minutes ago, muricafyeah said:

Hiya! 

 

I'm putting together the last pieces for to file for AOS for my husband. He came on a b2 visitors visa in October of 2017 from Canada, we got married in april 2018 and are just now getting around to the paperwork. I graduated from college last May and jumped into full time employment in June 2018. Last year I made around 30k (only worked full time for half the year), and this year I'm expecting that number to be 55k+. However, at this point in the year I've only made around 16k of my expected 55k. I plan to include pay stubs and my offer letter from my employer showing my salary. Would it be wise to include supplemental materials (such as an account at TD Ameritrade for buying/selling stock) to solidify my case? I have a couple thousand dollars in a single stock account, and a couple thousand more in another account from an inheritance. If I include one stock account, do I have to list the other? 

 

On the 864 Part 6 number 7: "My current individual annual income", I believe I can put my salary of 55k as the the instructions permit "You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.". I'm going to add paystubs and the offer letter I got from my employer showing my salary (55k) but I'm nervous that since I've only made 16k at the time of filing, that it won't be enough and his AOS will be denied. 

TLDR: Expected income will be over the 125% of the poverty level for the whole year, currently haven't made enough this year to meet 125% of federal poverty level, should I include documents showing ownership of stock? If so, do I need to include all different stock accounts (like if one is at TD Ameritrade, and the other is at Charles Schwab, do I have to show both or can I show only one?) 

 

 

Thank you all! 

Does not really matter as long as you present your 2018 w2 or tax transcript you are good to go because they are interested in seeing that you are fully employed and your spouse won't be a public charge,normally you will also have to include your tax transcript for 2016, 2017 and 2018, they also will take into consideration your household size inorder to adjudicate your case. Goodluck.

Edited March 31, 2019 by mniceguy16

[617Haligonian 34]

2 hours ago, mniceguy16 said:

Does not really matter as long as you present your 2018 w2 or tax transcript you are good to go because they are interested in seeing that you are fully employed and your spouse won't be a public charge,normally you will also have to include your tax transcript for 2016, 2017 and 2018, they also will take into consideration your household size inorder to adjudicate your case. Goodluck.

Thank you! That makes more sense. I just submitted my info to my CPA for my 2018 taxes and don't think I'll have them back for a little while. Would it be okay at this point to give my 2018 W2, and give 2017's tax info (W2s, 1099, 1040, etc)? My 2015 and 2016 income was much lower since I was working part time minimum wage during college, is that worth including (like attaching full copies of W2s, 1099s, 1040s, etc) if I'm able to find all the documents? 

On the i-864 part 6 item number 24 it asks about income for the last 3 years. Would I want to list my income for 2017, 2016 and 2015 since I don't yet have my 2018 taxes back yet? And then include/attach info for 2017 (W2s, 1099s, 1040 etc) and the W2 for 2018 since that's all I've got for 2018 right now? 

 

Thank you for your help, 

[mniceguy16 186]

6 hours ago, muricafyeah said:

Thank you! That makes more sense. I just submitted my info to my CPA for my 2018 taxes and don't think I'll have them back for a little while. Would it be okay at this point to give my 2018 W2, and give 2017's tax info (W2s, 1099, 1040, etc)? My 2015 and 2016 income was much lower since I was working part time minimum wage during college, is that worth including (like attaching full copies of W2s, 1099s, 1040s, etc) if I'm able to find all the documents? 

On the i-864 part 6 item number 24 it asks about income for the last 3 years. Would I want to list my income for 2017, 2016 and 2015 since I don't yet have my 2018 taxes back yet? And then include/attach info for 2017 (W2s, 1099s, 1040 etc) and the W2 for 2018 since that's all I've got for 2018 right now? 

 

Thank you for your help, 

Income for last 3 years put 2016,2017 and 2018.What matters is that you have an income of 55k this year and it is a very positive sign. Do not panic, just make sure you have your 2018w2 or transcript included and you will be fine. Every case is different I know, but in ours we had 25k in 2016, had 0 income in 2017 (spouse did not work the whole year) 2018 60k plus and we were good, we just wrote a note explaining why we had 0 income in 2017 and btw they focused more on "most recent income so they asked for 2018 transcript or w2 which we had in hand, does not matter if you have earned just 16k out of your overall 55k what matters is proof of job which proves that your spouse won't become a public charge. Goodluck.

[junkmart 320]

On 3/31/2019 at 1:34 PM, mniceguy16 said:

Does not really matter as long as you present your 2018 w2 or tax transcript

They will not accept just a W-2. Instructions are super clear, either IRS tax transcript or complete tax return including all forms like 1040, schedules like A B C, and back up like W-2. A W-2 alone will trigger RFE.

 

On 3/31/2019 at 4:03 PM, muricafyeah said:

Thank you! That makes more sense. I just submitted my info to my CPA for my 2018 taxes and don't think I'll have them back for a little while. Would it be okay at this point to give my 2018 W2, and give 2017's tax info (W2s, 1099, 1040, etc)? My 2015 and 2016 income was much lower since I was working part time minimum wage during college, is that worth including (like attaching full copies of W2s, 1099s, 1040s, etc) if I'm able to find all the documents? 

On the i-864 part 6 item number 24 it asks about income for the last 3 years. Would I want to list my income for 2017, 2016 and 2015 since I don't yet have my 2018 taxes back yet? And then include/attach info for 2017 (W2s, 1099s, 1040 etc) and the W2 for 2018 since that's all I've got for 2018 right now? 

 

Thank you for your help, 

You've been given some slightly incorrect information. Please see above. W-2 alone will not suffice. The instructions are super clear; complete tax return or tax transcript. You should be fine submitting your complete returns for 2017. After April 15, some people on VJ will tell you that USCIS requires 2018 tax return or transcript.

Edited April 2, 2019 by junkmart

[mniceguy16 186]

11 hours ago, junkmart said:

They will not accept just a W-2. Instructions are super clear, either IRS tax transcript or complete tax return including all forms like 1040, schedules like A B C, and back up like W-2. A W-2 alone will trigger RFE.

 

You've been given some slightly incorrect information. Please see above. W-2 alone will not suffice. The instructions are super clear; complete tax return or tax transcript. You should be fine submitting your complete returns for 2017. After April 15, some people on VJ will tell you that USCIS requires 2018 tax return or transcript.

I said so because not everyone has filed for 2018 tax return yet and uscis is aware of it.

[617Haligonian 34]

On 4/2/2019 at 9:26 AM, junkmart said:

They will not accept just a W-2. Instructions are super clear, either IRS tax transcript or complete tax return including all forms like 1040, schedules like A B C, and back up like W-2. A W-2 alone will trigger RFE.

 

You've been given some slightly incorrect information. Please see above. W-2 alone will not suffice. The instructions are super clear; complete tax return or tax transcript. You should be fine submitting your complete returns for 2017. After April 15, some people on VJ will tell you that USCIS requires 2018 tax return or transcript.

Thank you! I'm submitting my entire 2017 tax return (1040, 1099, W2, any other documents that go with it) and then I'm going to give my 2018 W2 and 1099s as well just in case. I'll have my 2018 taxes back before the interview so hopefully that satisfies them. 

 

On 3/31/2019 at 11:16 PM, mniceguy16 said:

Income for last 3 years put 2016,2017 and 2018.What matters is that you have an income of 55k this year and it is a very positive sign. Do not panic, just make sure you have your 2018w2 or transcript included and you will be fine. Every case is different I know, but in ours we had 25k in 2016, had 0 income in 2017 (spouse did not work the whole year) 2018 60k plus and we were good, we just wrote a note explaining why we had 0 income in 2017 and btw they focused more on "most recent income so they asked for 2018 transcript or w2 which we had in hand, does not matter if you have earned just 16k out of your overall 55k what matters is proof of job which proves that your spouse won't become a public charge. Goodluck.

This makes me feel so much better, thank you for sharing! Just checking, should I list income for 2015, 2016, 2017 since 2017 is the most recent year for which I have taxes? I'm nervous about listing 2018 last since I don't have the full return back yet. Do you mind sharing how you added the note? Was it just a spare letter you attached to the back of the 864 packet or? 

 

Thank you both very much, the 864 has been the most daunting of all the forms I think 😕 

[mniceguy16 186]

3 hours ago, muricafyeah said:

Thank you! I'm submitting my entire 2017 tax return (1040, 1099, W2, any other documents that go with it) and then I'm going to give my 2018 W2 and 1099s as well just in case. I'll have my 2018 taxes back before the interview so hopefully that satisfies them. 

 

This makes me feel so much better, thank you for sharing! Just checking, should I list income for 2015, 2016, 2017 since 2017 is the most recent year for which I have taxes? I'm nervous about listing 2018 last since I don't have the full return back yet. Do you mind sharing how you added the note? Was it just a spare letter you attached to the back of the 864 packet or? 

 

Thank you both very much, the 864 has been the most daunting of all the forms I think 😕 

Since my wife was pregnant with our second kid in 2016 she did not work in 2017 due to some uncontrollable circumstances,so we typed in ms word and converted to pdf and uploaded. We wrote on top right her name,address and phone number. Then we wrote I.... in 2017 I had "0" income because I gave birth to our second baby and had to careter for him and his sibling who at the moment was 3yo. We mentioned car breakdown which needed replacement etc. Then at the end we just wrote sincerely... Then signature (or initials). Note we uploaded the i1864 separately and simply wrote "0" in the box where they ask for 3years' income if you are posting by mail,then type or write the letter and explain briefly. I personally think with 55k for 2018 you will be fine,but remember to mention the last 3 years of income. Goodluck.