I-864 Instructions vs. Checklist for IRS

[thaiv 15]

In the instructions for the I-864 it states that IRS transcripts can replace all tax-return documents. But then I read the Checklist and it says that:

The following items must be submitted with Form I-864:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

Why does it now say this? So what do I really need. I was wanting to just submit transcripts because they are simpler and more official. Also if we submit transcripts do we need W2's with it to show our employers?

Edited September 17, 2010 by thaiv

[Nich-Nick 3,354]

A transcript is complete by itself and acceptable instead of the tax return, W-2s, schedules, etc. The purpose of sending a W-2 with a tax return is because it verifies the salary earned during the tax year. I could whip out a 1040 form on TurboTax right now and put an income of $250,000, but I wouldn't have a W-2 to prove that amount. The W-2 isn't sent in to show your employer's name.

With a transcript from the IRS, they have already received your return and W-2s so they are basically verifying that the return is valid. If there was anything still pending that they weren't accepting with your return or needed further review, they wouldn't issue a transcript. They would say it's not available yet.

You should send the transcripts and at least one other type of proof of your income---an employer letter or 6 recent pay stubs are suggested.

Edited September 18, 2010 by Nich-Nick

[VanessaTony 3,567]

In the instructions for the I-864 it states that IRS transcripts can replace all tax-return documents. But then I read the Checklist and it says that:

The following items must be submitted with Form I-864:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

Why does it now say this? So what do I really need. I was wanting to just submit transcripts because they are simpler and more official. Also if we submit transcripts do we need W2's with it to show our employers?

Have a read of the I-864 instructions, specifically page 8. It talks about the Federal income tax info and what you need. You'll see it says transcripts OR a tax return. Transcripts are better because that way you're sure you didn't forget anything from the tax return, which is quite a common reason for RFE's.

As for sending something else to prove your employment, that's not required. My husband and I certainly didn't, we sent exactly what is in the AOS thread mentioned in my signature.

Hope that helps

[JimVaPhuong 4,863]

I also sent three years of IRS transcripts. I didn't send any other evidence with the affidavit. When we got the interview letter I noticed that the checklist specifically mentioned an employment letter, so I got one from my employer. The IO did ask for the letter at the interview. It's probably a good idea to get the letter if you can.

[VanessaTony 3,567]

I also sent three years of IRS transcripts. I didn't send any other evidence with the affidavit. When we got the interview letter I noticed that the checklist specifically mentioned an employment letter, so I got one from my employer. The IO did ask for the letter at the interview. It's probably a good idea to get the letter if you can.

Good to know I probably wouldn't wait for the letter (sometimes work can take a while) but I would start the process of getting on from your employer just in case you need it like in Jim's case