I-864 and form W-2

[Erthwhile 0]

Hi,

my joint sponsor is retired and doesn't have an employer anymore, so she doesn't have any W-2 form filed. the I-864 explicitly states that a W-2 form is required. What should she do in this case? thanks!

[trailmix 77]

Hi,

Actually it doesn't state that. What it says is if you send a tax transcript from the IRS, you do not need to send any slips but if you send the completed 1040 then you must include any and all slips to prove the income on the 1040.

Where is your joint sponsor's income coming from? Are they using assets or retirement income? Did they file a tax return last year?

Edited June 16, 2010 by trailmix

[Erthwhile 0]

Hi,

Actually it doesn't state that. What it says is if you send a tax transcript from the IRS, you do not need to send any slips but if you send the completed 1040 then you must include any and all slips to prove the income on the 1040.

Where is your joint sponsor's income coming from? Are they using assets or retirement income? Did they file a tax return last year?

Hi,

the income comes from:

1. taxable interests

2. ordinary dividends

3. Pensions and annuities

4. Social security benefits.

thanks!

Edited June 16, 2010 by Rob C

[TOM&Riz 4]

Hi,

the income comes from:

1. taxable interests

2. ordinary dividends

3. Pensions and annuities

4. Social security benefits.

thanks!

all of that income is taxable and should have been reported on a return, that is what you need to show eligable sponsorship 2009 ITR

Regardless of the form the sponsor uses, he or she must provide evidence of any income (and/or assets in the case of Form I-864) used to demonstrate the means to maintain the sponsored immigrant.

Sponsors who use Form I-864 may qualify based only upon their own income and/or assets if either or both are sufficient to reach the income requirement. If, however, the sponsor’s combined income and assets are not sufficient to meet the governing threshold, the sponsor may include the income and/or assets of another household member if the household member:

• Is at least 18 years old;

• Is included in the calculation of household size;

• Has the same principal residence as the sponsor (or is the sponsor’s

spouse); and

• Has completed and signed a Form I-864A.

USCIS should ensure that each Form I-864A is completed and signed by the sponsor and the household member.

As noted above, the intending immigrant does not need to sign a Form I-864A if he or she is immigrating alone (that is, has no accompanying dependents). In this situation, the intending immigrant should be listed on line 24(e) and should be the only person listed in 24(b), with his or her income listed on that line and value of assets listed on the appropriate line(s) in item 28.

(D) Federal Tax Return(s). No matter whether a sponsor submits Form I-864 or I-864EZ, the sponsor must provide a copy or an IRS-generated transcript of the sponsor’s Federal income tax return for the sponsor’s most recent tax year. Each Federal tax return must include all the supplements and attachments that were sent to the IRS with the tax return. For purposes of demonstrating means to maintain income, the determining income amount is the income, before deductions, on the sponsor’s income tax return. In other words, income means an individual's total income (adjusted gross income for those who file IRS Form 1040EZ) for purposes of the individual's U.S. Federal income tax liability, including a joint income tax return (e.g., line 22 on the 2005 IRS Form 1040, line 15 on the 2005 IRS Form 1040-A, or line 4 on the 2005 IRS Form 1040EZ or the corresponding line on any future revision of these IRS Forms).

Note that, by signing the Form I-864 or Form I-864EZ under penalty of perjury, a sponsor certifies that the transcript or photocopy is true and correct. This certification meets the statutory requirement of presenting a “certified” copy of the transcript of photocopy. Certification of the returns by the IRS is not necessary; the sponsor’s certification under penalty of perjury is sufficient

source: HQRPM 70/21.1.13 Chapter 20.5 of the Adjudicator’s Field Manual (AFM)

[Erthwhile 0]

Hi,

the income comes from:

1. taxable interests

2. ordinary dividends

3. Pensions and annuities

4. Social security benefits.

She included all the 1009-R forms and the 1099-D and 1099-INT for the dividends and interests. Still, I see that by adding up the numbers in the 1099-D and 1009-INT the sum doesn't match up what's declared in the tax return form 1040. Am I missing something?

thanks!

[Erthwhile 0]

all of that income is taxable and should have been reported on a return, that is what you need to show eligable sponsorship 2009 ITR

Regardless of the form the sponsor uses, he or she must provide evidence of any income (and/or assets in the case of Form I-864) used to demonstrate the means to maintain the sponsored immigrant.

Sponsors who use Form I-864 may qualify based only upon their own income and/or assets if either or both are sufficient to reach the income requirement. If, however, the sponsor’s combined income and assets are not sufficient to meet the governing threshold, the sponsor may include the income and/or assets of another household member if the household member:

• Is at least 18 years old;

• Is included in the calculation of household size;

• Has the same principal residence as the sponsor (or is the sponsor’s

spouse); and

• Has completed and signed a Form I-864A.

USCIS should ensure that each Form I-864A is completed and signed by the sponsor and the household member.

As noted above, the intending immigrant does not need to sign a Form I-864A if he or she is immigrating alone (that is, has no accompanying dependents). In this situation, the intending immigrant should be listed on line 24(e) and should be the only person listed in 24(b), with his or her income listed on that line and value of assets listed on the appropriate line(s) in item 28.

(D) Federal Tax Return(s). No matter whether a sponsor submits Form I-864 or I-864EZ, the sponsor must provide a copy or an IRS-generated transcript of the sponsor’s Federal income tax return for the sponsor’s most recent tax year. Each Federal tax return must include all the supplements and attachments that were sent to the IRS with the tax return. For purposes of demonstrating means to maintain income, the determining income amount is the income, before deductions, on the sponsor’s income tax return. In other words, income means an individual's total income (adjusted gross income for those who file IRS Form 1040EZ) for purposes of the individual's U.S. Federal income tax liability, including a joint income tax return (e.g., line 22 on the 2005 IRS Form 1040, line 15 on the 2005 IRS Form 1040-A, or line 4 on the 2005 IRS Form 1040EZ or the corresponding line on any future revision of these IRS Forms).

Note that, by signing the Form I-864 or Form I-864EZ under penalty of perjury, a sponsor certifies that the transcript or photocopy is true and correct. This certification meets the statutory requirement of presenting a “certified” copy of the transcript of photocopy. Certification of the returns by the IRS is not necessary; the sponsor’s certification under penalty of perjury is sufficient

source: HQRPM 70/21.1.13 Chapter 20.5 of the Adjudicator’s Field Manual (AFM)

Does it mean that a tax transcript is mandatory?! We only sent the tax return form 1040 with the attachments!

Edited June 16, 2010 by Rob C

[trailmix 77]

Did you ask the joint sponsor?

[Erthwhile 0]

Did you ask the joint sponsor?

Yeah, i asked whether the joint sponsor must submit a tax transcript or the form 1040 is enough.

the primary sponsor won't have a tax return because she has no income since she is a full tiem student.

[Erthwhile 0]

And please note the joint sponsor is retired and her income comes from what I described above (her social security benefits and pension alone are well over the 125% of the poverty line, so that interests and dividends are actually superfluous).

[Erthwhile 0]

Since her income comes from

1. taxable interests

2. ordinary dividends

3. Pensions and annuities

4. Social security benefits.

Should we enclose also a statement explaining why she doesn't have any W-2 forms filed?

[Erthwhile 0]

help please!!

[TOM&Riz 4]

Since her income comes from

1. taxable interests

2. ordinary dividends

3. Pensions and annuities

4. Social security benefits.

Should we enclose also a statement explaining why she doesn't have any W-2 forms filed?

Rob relax it's all good, no she will only need provide a tax return OR transcripts but not both her tax return will state where the income is derived at least with social security she will also have a 1099 thats all you really need

[TOM&Riz 4]

help please!!

Here Rob maybe this can explain it better -

© Determining the Sponsor’s Ability to Provide Sufficient Support. If the sponsor is using Form I-864EZ, he or she must only use his or her salary or pension as shown on his or her most recent Federal income tax return. If the sponsor provides a photocopy of the return, the sponsor must include a copy of any Form(s) W-2 provided by the sponsor’s employer(s) to prove income from employment and/or Form(s) 1099 to show pension income; if a W-2 or 1099 is missing, follow the guidance in the second note under paragraph 20.5(e)(2). As with other sponsors, these copies are not needed if the sponsor provides an IRS transcript of the return. (See Part 1(a) of Form I-864EZ.) If sponsor relies on other types of income, the sponsor must use Form I-864. The sponsor must also use Form I-864, rather than Form I-864EZ, if the sponsor will be submitting any Forms I-864A.

Regardless of the form the sponsor uses, he or she must provide evidence of any income (and/or assets in the case of Form I-864) used to demonstrate the means to maintain the sponsored immigrant.

source: HQRPM 70/21.1 Adjudicator’s Field Manual (AFM)

[Erthwhile 0]

So the w2 is not required good! Much clearer now!! Thanks!!

[Erthwhile 0]

Here Rob maybe this can explain it better -

© Determining the Sponsor’s Ability to Provide Sufficient Support. If the sponsor is using Form I-864EZ, he or she must only use his or her salary or pension as shown on his or her most recent Federal income tax return. If the sponsor provides a photocopy of the return, the sponsor must include a copy of any Form(s) W-2 provided by the sponsor’s employer(s) to prove income from employment and/or Form(s) 1099 to show pension income; if a W-2 or 1099 is missing, follow the guidance in the second note under paragraph 20.5(e)(2). As with other sponsors, these copies are not needed if the sponsor provides an IRS transcript of the return. (See Part 1(a) of Form I-864EZ.) If sponsor relies on other types of income, the sponsor must use Form I-864. The sponsor must also use Form I-864, rather than Form I-864EZ, if the sponsor will be submitting any Forms I-864A.

Regardless of the form the sponsor uses, he or she must provide evidence of any income (and/or assets in the case of Form I-864) used to demonstrate the means to maintain the sponsored immigrant.

source: HQRPM 70/21.1 Adjudicator’s Field Manual (AFM)

Hi,

yeah for the social security benefits a form SSA-1099 is included to show it.

Also, all the 1099 forms are photocopies and not originals: is that acceptable? or should I present the originals?

Thanks a lot!!!