question about form I 864

[ivancho1231 0]

hello

i need to know if i need to send the W 2 forms and the copies of the income tax for the last three years?

or only the W2 forms are enongh

thanks

ivan herran

[arwensun1965 1]

Hi

We only sent the last 3 years Tax returns...2003/2004/2005.....we did not send in Jon's W2's.

Janice

Edited May 10, 2006 by arwensun1965

[jelti 0]

Only the most recent year of tax returns are required. The I-864 does not require you to send in three years tax returns anymore.

That said, we included my previous three years tax returns, and the W-2's for this most recent tax year.

[Yodrak 7]

ivan,

Note that the instruction asks for the complete return as filed with the IRS. Such a return includes a W2 if one has income from employment.

Yodrak

hello

i need to know if i need to send the W 2 forms and the copies of the income tax for the last three years?

or only the W2 forms are enongh

thanks

ivan herran

[Jenn! 918]

ivan,

Note that the instruction asks for the complete return as filed with the IRS. Such a return includes a W2 if one has income from employment.

Yodrak

hello

i need to know if i need to send the W 2 forms and the copies of the income tax for the last three years?

or only the W2 forms are enongh

thanks

ivan herran

The instructions specifically say though that a W2 must be provided only if you filed jointly and you need to show evidence of your portion of the total income. I've heard of many people NOT sending W2s, with no problems.

ETA: That said, I was RFE'd for not having provided sufficient proof of income. I had sent only my 2004 tax return with no W2. I don't know if the RFE was for the missing W2 or for my 2005 taxes. I sent both in the response to the RFE. My 2004 income was foreign-earned, so it did not show up in line 22 of my tax return, which could be why they wanted the W2. In short, if you have the W2s, send them.

Edited May 10, 2006 by jenn3539

[Yodrak 7]

Jenn,

Where do you find the word "only" in that instruction you reference?

Yodrak

ivan,

Note that the instruction asks for the complete return as filed with the IRS. Such a return includes a W2 if one has income from employment.

Yodrak

hello

i need to know if i need to send the W 2 forms and the copies of the income tax for the last three years?

or only the W2 forms are enongh

thanks

ivan herran

The instructions specifically say though that a W2 must be provided only if you filed jointly and you need to show evidence of your portion of the total income. I've heard of many people NOT sending W2s, with no problems.

ETA: That said, I was RFE'd for not having provided sufficient proof of income. I had sent only my 2004 tax return with no W2. I don't know if the RFE was for the missing W2 or for my 2005 taxes. I sent both in the response to the RFE. My 2004 income was foreign-earned, so it did not show up in line 22 of my tax return, which could be why they wanted the W2. In short, if you have the W2s, send them.

[Jenn! 918]

Ok, tehre is no word "only". But the way that this is written to me clearly implies it.

Why would they specify that it is necessary in one circumstance if they do not intend that it is not necessary in the usual circumstance?

Example: Everybody must do X. People with brown hair must also do Y.

Doesn't that imply that people that do not have brown hair do not have to do Y?

"A copy of your complete Federal income tax return, as

filed with the Internal Revenue Service, for each of the

most recent 3 tax years. If you were not required to file a

tax return in any of the most recent 3 tax years, you must

provide an explanation. If you filed a joint income tax

return and are using only your own income to qualify,

you must also submit copies of your W-2s for each of

the most recent 3 tax years, and if necessary to meet the

income requirement, evidence of other income reported

on your tax returns, such as Forms 1099."

Jenn,

Where do you find the word "only" in that instruction you reference?

Yodrak

ivan,

Note that the instruction asks for the complete return as filed with the IRS. Such a return includes a W2 if one has income from employment.

Yodrak

hello

i need to know if i need to send the W 2 forms and the copies of the income tax for the last three years?

or only the W2 forms are enongh

thanks

ivan herran

The instructions specifically say though that a W2 must be provided only if you filed jointly and you need to show evidence of your portion of the total income. I've heard of many people NOT sending W2s, with no problems.

ETA: That said, I was RFE'd for not having provided sufficient proof of income. I had sent only my 2004 tax return with no W2. I don't know if the RFE was for the missing W2 or for my 2005 taxes. I sent both in the response to the RFE. My 2004 income was foreign-earned, so it did not show up in line 22 of my tax return, which could be why they wanted the W2. In short, if you have the W2s, send them.

[Yodrak 7]

jenn,

Perhaps to reinforce the point.

In any event, people do get RFEs asking for the W2 when the 'joint return with an ex-spouse' situation is not present. And, sometimes they get lucky and do not.

Yodrak

Ok, tehre is no word "only". But the way that this is written to me clearly implies it.

Why would they specify that it is necessary in one circumstance if they do not intend that it is not necessary in the usual circumstance?

...

Edited May 10, 2006 by Yodrak

[Jenn! 918]

jenn,

Perhaps to reinforce the point.

Yodrak

Ok, tehre is no word "only". But the way that this is written to me clearly implies it.

Why would they specify that it is necessary in one circumstance if they do not intend that it is not necessary in the usual circumstance?

...

Hmmm, well in my opinion, the instructions are unclear on this point. While I've heard of people having no problems NOT submitting their W2s, on my RFE letter it WAS explicitly stated that W2s should be sent.

I honestly can't reconcile these seemingly contradictory requirements (IMO). In any case, the easiest way to overcome the ambiguity is to just submit both the tax return and the W2.

[Vinay 1]

in addition, sending copies of recent paystubs and an employment reference letter are not required but will ensure that no RFEs are received.

[meauxna 15]

There are new-to-me instructions on the I-864 page at uscis.gov:

Special Instructions:

All sponsors must submit the following documentation with their I-864:

Proof of current employment or self employment

A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details. You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines

My bolding added.

[Jenn! 918]

in addition, sending copies of recent paystubs and an employment reference letter are not required but will ensure that no RFEs are received.

Unfortunately, there is nothing you can do to "ensure" that no RFEs are received. You can send everything they ask for and hope for the best!

Edited May 10, 2006 by jenn3539

[ivancho1231 0]

thanks for the feedbacks now i am sure what to do.

ivan herran