Affidavit of Support

[nycmjkfan 0]

For the proof that is needed, I have a letter of employment, my last 3 years of tax returns transcripts from the IRS and my w-2's from 2003 and 2004. However, I cannot for the life of me find the 2005 ones. Unfortunately for me, I worked 2 jobs last year and can't easily get a reprint from my former employer without going through red tape, thus further delaying my sending of the AOS.

If I send it as is, will that get me a sure RFE?

[UmmSqueakster 54]

Call up the IRS and request a tax return transcript, which will include the W2 information. Wait the less than 2 weeks it takes to send them to you to send in your AOS packet. It's not worth the RFE holdup.

Need a copy of your tax information?

[nycmjkfan 0]

Call up the IRS and request a tax return transcript, which will include the W2 information. Wait the less than 2 weeks it takes to send them to you to send in your AOS packet. It's not worth the RFE holdup.

Need a copy of your tax information?

I have the IRS transcripts from 2003-2005 and I have my w2's for 2003 and 2004. I just can't find the one for 2005.

[UmmSqueakster 54]

Call up the IRS and request a tax return transcript, which will include the W2 information. Wait the less than 2 weeks it takes to send them to you to send in your AOS packet. It's not worth the RFE holdup.

Need a copy of your tax information?

I have the IRS transcripts from 2003-2005 and I have my w2's for 2003 and 2004. I just can't find the one for 2005.

My apologies for not reading the OP completely. Brain still sleeping *zzzz*

Did you look through the entire IRS transcript to see if the W2 information is attached? It was there for mine. Ask if they'll send you the W2 transcripts for 2005.

Edited May 25, 2006 by rahma

[nycmjkfan 0]

No it wasn't. I filed with Turbo Tax so I didn't need to send in the w2's.

[UmmSqueakster 54]

Did you have to type in the information from the W-2s, like the employer code number (I think), amount taken out for taxes, total amount made? When I filed mine electronically, I entered all the W2 information into a part of the program and that was sent off to the IRS along with my efiling.

I guess if the IRS absolutely doesn't have them, you could send in your AOS packet, then get the dupe W2s from your 2005 employers prior to the RFE.

[nycmjkfan 0]

Yes I did enter all of that information. Employer ID, taxes taken out, etc. etc.

[UmmSqueakster 54]

Hmm, perhaps you could request a tax account transcript, which is supposidly the fuller version.

[motu 5]

I don't think having the W-2s is critical but I am not absolutely sure. I would send in the AOS application now and get the IRS account transcripts in the meantime - the fact that the IRS accepted it is more than enough for most Govt. offices. Good Luck

[nycmjkfan 0]

Question is, since I have the 2003 and 2004 w2's, do I send those or just not send any of them and only the IRS transcripts?

[nycmjkfan 0]

OK, sort of answered my own question:

DHS recently published a policy memorandum that

reports the change regarding the tax return requirement and

provides clarification as to how USCIS officers are to determine

the sufficiency of a Form I-864. The policy memorandum will be

incorporated into 8 CFR 213a via a separate rulemaking. The

memorandum provides that USCIS officers should judge income

information provided as of the date the Form I-864 was signed

against the poverty guidelines in effect at the time the I-864

was filed in support of an adjustment of status application. DHS

further provided that a Form W-2 or Form 1099 is no longer

required if the copy of the tax return submitted is an IRS-

generated transcript. In cases where the sponsor has provided a

photocopy of the tax return and it is missing either a Form W-2

or Form 1099, USCIS has given its officers the authority to

decide whether it is necessary to require the W-2 or 1099, if

the record taken as a whole, establishes that information on the

tax return is true and correct. 8 CFR 213a©(ii)(2) requires a

sponsor and any other person whose income is being used to

qualify to attach evidence of current employment, reflecting

salary or wages, evidence of current self-employment, or the

sponsor's statement regarding the length of unemployment or

retirement. 9 FAM 40.41 N5.4 (a)(3) has advised consular

officers of this requirement. However, the CIS policy

memorandum states a change: if the information on the tax return

establishes that the sponsor's current income meets the poverty

guidelines for the year the sponsor signed the Form I-864, the

adjudicator shall determine that the Form I-864 is sufficient

without requesting any further documentation, such as more

recent evidence of employment or income, unless there is a

specific reason (other than the passage of time) to question

whether the evidence of income is still reliable. Additional

evidence (i.e., employment letter(s), pay stub(s), or other

financial data) should be requested in two specific situations:

one, the tax return reflects income that does not meet the

poverty guidelines as of the time of filing and the record does

not already contain additional evidence that the sponsor meets

the current income requirements or, two, the facts of the case,

as supported by the evidence in the record, provide a specific

reason (other than the passage of time) to believe that the

sponsor's income is no longer sufficient. In either of these

situations, the adjudicator shall request current income

information and determine from the additional evidence whether

the I-864 is sufficient under the poverty guidelines in effect

at the time of adjudication.

http://travel.state.gov/visa/laws/telegram...grams_2863.html

[*Robert* 2]

Good to know information! Thanks!