I-864 Joint Tax Return Transcript

[ToastedMuffin 4]

Hello,

 

My I-864 as the petitioner is done, and I am including:

- 2020 IRS Tax Return Transcript (filed single)

- 6 months pay stubs, letter of employment

- Birth Certificate

- Explanation that I made no income for 2018 and too little for 2019 so no tax return (included W-2 for 2019)

 

However, I’m concerned about the joint sponsor. For them we have:

- 2020 IRS Tax Return Transcript (filed jointly)

- 2020 W-2/1040

- 6 months pay stubs

- Birth certificate

 

Do they need to include the 1040 and add the 1099s? Or is it enough to add the W-2 to the joint transcript? It should be noted that the sponsor is the sole breadwinner of the family, so the spouses income is 0.

 

Also, a significant portion of the sponsors income comes from their bonus, but in either case their income is healthily above the poverty threshold.

 

So for their annual individual income, should they put the annual salary on their paystub as their salary, or project it based on their actual paystub amounts, which would end up much higher? Estimating their annual income will come out to about 10% less than last years tax return, so I’m hoping that would be okay and not raise questions.

 

Any help would be appreciated, as I am close to filing.

Edited August 6, 2021 by ToastedMuffin

[Chancy 6,241]

1 hour ago, ToastedMuffin said:

Do they need to include the 1040 and add the 1099s? Or is it enough to add the W-2 to the joint transcript? It should be noted that the sponsor is the sole breadwinner of the family, so the spouses income is 0.

 

If they filed taxes MFJ and not submitting an I-864A from the spouse, then yes, submit the W2 + all schedules.  From page 8 of the I-864 form instructions -- https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

 

[ToastedMuffin 4]

Okay, so it sounds like the easiest step would be to have the spouse send me an I-864A and then the only tax form I would need is the tax transcript. Is it okay if the transcript is masked? I thought I read a post earlier where that was an issue because the sponsors full social security number wasn’t included, etc.

[ToastedMuffin 4]

Also, for the I-864A, the following is stated: "Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements."

 

I'm concerned about this portion because the sponsor definitely meets the requirements, and the spouse's income is in fact 0, and has been 0 for at least 3 years. So in filling out the form their current annual individual income would be zero, but they would have numbers for their tax return. Not sure if I need to attach something explaining this or not.

 

So perhaps it would be better to have the sponsor find their other forms and schedules, since there should only be a few based on their tax transcript.

[Chancy 6,241]

14 minutes ago, ToastedMuffin said:

I'm concerned about this portion because the sponsor definitely meets the requirements, and the spouse's income is in fact 0, and has been 0 for at least 3 years.

 

Although an I-864A is not required in this case, it is not prohibited.  The spouse has a right to the joint sponsor's income, so the I-864A would serve as the spouse's official agreement to make their conjugal resources available to help support the sponsored immigrant.

 

Still, I recommend that you submit the joint sponsor's complete set of tax returns and schedules, instead of submitting an I-864A from their spouse.

 

[ToastedMuffin 4]

Thank you for your help. Should I not include the tax transcript if I include their tax returns?

 

I see three ways of doing it, but I'm not sure which is best or if one of them would be detrimental:

 

Way One: Tax Return Transcript + W-2 + 1099/Schedules

Way Two: 1040 + W-2 + 1099/Schedules

Way Three: Tax Return Transcript + 1040 + W-2 + 1099/Schedules

 

I know "Way Two" should work, but I hear the transcript is better. However, I don't want to mess it up (I'm trying my best to avoid any request for evidence). The sponsor's income alone should be more than enough, but I know it says to include the schedules and so that's what I plan on doing. I see only 3 lines of declared income other than his W-2 income  on the transcript (and two are related to the same schedule), so it sounds like I just need to get two forms and combine them with the 1040/W-2 and other evidence.

 

That's what I'm going to go ahead with for now, but if anyone has had a good experience with "Way One" or "Way Three" that I've listed here I'd be happy to hear about it and I'm sure any future reader of this post would as well.

[Chancy 6,241]

5 minutes ago, ToastedMuffin said:

Way Two: 1040 + W-2 + 1099/Schedules

Way Three: Tax Return Transcript + 1040 + W-2 + 1099/Schedules

 

Either #2 or #3 is fine.  Personally, I would go for #3, but that's just my preference for the kitchen-sink approach 😄

 

[Villanelle 4,122]

1099? You didnt mention 1099 before only W2....

 

1099 means self employed income and typically requires additional evidences like profit/loss statements and or letter of explanation regarding the business. 

 

Anyway youve gotten the correct info from Chancy but it seems you are still a bit unsure. I can try to explain it a bit differently and maybe it will help you sort things out.

 

Regarding tax returns vs transcripts. The difference between the 2 is the transcript is a document provided by the IRS. It shows everything that was on your tax filing. Transcripts are preferred because its basically the IRS saying this is what was filed with them- so its assumed to be accurate (because the IRS is verifying this is what they got from you and it was all legit). A tax return is the paper 1040 series form you fill out yourself. Technically you can fill it out to show any numbers you want. I mean I can generate one right now that says I made a billion dollars. So the 1040 in itself is useless unless you attach the W2s/1099s/etc showing where you got the numbers from you entered on the 1040. If sending the tax return you need to include every document used so that they could theoretically add it up themselves and come out with the same. 

 

So you can send either the transcripts or the complete tax return with all supporting documents (w2s 1099 etc). If you are sending transcripts AND the transcripts are for a joint return you do need to include the W2s showing whose income is what because the transcript does not specify such. For example the joint tax return may show income from w2s for a total of 50k and out of that 50k 20k was earned by the wife and 30k by the husband. The husband is the one filling out the 864 and is using his income only. He needs to show his income is 30k of the 50k in the transcripts. He does such by including his W2s. 

 

Alternatively as already suggested you can have the spouse sign the 864a (even with 0 income) and then its no longer a scenario in which its the husband using his income only but rather both spouses on the joint return agreeing to use all the money shown on the joint return if that makes sense. 

 

The options you listed are really all the same. #1 is sending tax returns +supporting docs, #2 is sending the transcripts + supporting docs and #3 is sending both. 1 and 2 are both acceptable ways to do it. 3 is sending it both ways which may be overkill but again perfectly acceptable and I have to agree with Chancy that its the way I would do it as well. My reasoning for such is sometimes people send transcripts + supporting documents because as already explained the supporting documents are required if you are using only one persons income on a joint return. Unfortunately on occasion they will get the package and see the supporting documents and the system incorrectly bounces it back because supporting documents also mean nothing on their own and require a tax return to be used as general proof of income/tax filing. Thats not why you sent them but you can see how it can cause confusion. So #3 is the best way to do it as you will have all bases covered. #2 would be the next best option as sending 1040 tax return + documents and no transcript would prevent the confusion described previously. #1 is technically correct and should be accepted with no problem but could cause confusion which means potential delays. 

 

 

 

 

[Chancy 6,241]

15 minutes ago, Villanelle said:

1099 means self employed income and typically requires additional evidences like profit/loss statements and or letter of explanation regarding the business. 

 

Maybe OP actually meant 1099-DIV, for stock dividends or fund earnings distribution.

 

[ToastedMuffin 4]

28 minutes ago, Villanelle said:

1099? You didnt mention 1099 before only W2....

 

1099 means self employed income and typically requires additional evidences like profit/loss statements and or letter of explanation regarding the business. 

9 minutes ago, Chancy said:

 

Maybe OP actually meant 1099-DIV, for stock dividends or fund earnings distribution.

 

 

 

Thank you Villanelle for such a detailed response. And yes, sorry for the confusion, I was talking about the 1099-DIV. Based on the information on the tax return transcript, in order to correctly support the adjusted gross income, I need to get the 1099-DIV and Schedule B in addition to the W-2.

 

I think after this discussion I will go with the kitchen sink option, after getting those extra forms I need. Thanks for your help! I should be submitting the whole package by the end of next week (hopefully early next week).

 

Edited August 6, 2021 by ToastedMuffin

[JeanneAdil 6,554]

IRS transcripts work the best 

its not just what we send in with our return but our employer,  mails the same income statement separately to IRS

the bank sends to IRS a statement of interest we pay on house

all the places that deal with our income,  anything we might be able to deduct is send to IRS and they refer to what we submit to the statements they already have in hand 

if you have the actual IRS transcripts ,  u don't need  the others

 

as far as the other question about SS # that appears on the IRS transcripts (or a 1099div or W2 or 1099 or 1099 R)

so  they will have it (don't block it out)