i-864

[SAMAL 0]

Hi all,

My now wife and I moved here recently and are now applying for her adjustment of status. We have sent in all relevant forms, including the i-864 in which I am sponsoring my wife. However, we have now received a request for evidence.

The request for evidence asks for:

• all supporting tax documentation (eg W2 and 1099s and all supporting schedules) submitted to the IRS, and
  
• evidence of assets to make up the difference.
  

I am a US citizen but have been living in Australia until my wife and I moved here a couple of months ago. Therefore, all my income previously has been Australian and accordingly does not qualify - I have no W2 and 1099s and in any event I have been told by the USCIS that foreign earned income is not admissible.

About a month ago, after submitting the i-864, I got a job in the USA with a salary of $40K. I have a letter from my employer saying the date I started work, my salary and that they intend to keep me on, but obviously I do not have any W2 or 1099s because I havent submitted a tax return for this year yet. I can also get bank account statements showing this months' paycheck.

Do you think this will be enough to qualify, even though I don't have the W2 and 1099s? Is there anything else you suggest we do? We don't know too many people here so a joint sponsor is not currently on the cards.

Thanks everyone! By the way we do plan to update our timeline at the end of this process!

Edited October 8, 2012 by SAMAL

[wendy&tamer 10]

I believe you need to talk to a tax expert, even though you were residing in Australia and working there, you still need to file taxes here....I would call a accountant or local IRS office. The IRS office would be the best to answer that for you. Good luck.

[SAMAL 0]

Thanks wendy&tamer! However I have actually filled my last three years' tax returns with the US IRS and I provided those returns with the i-864. The problem is that those tax returns declared only foreign earned income.

[KayDeeCee 4,896]

Thanks wendy&tamer! However I have actually filled my last three years' tax returns with the US IRS and I provided those returns with the i-864. The problem is that those tax returns declared only foreign earned income.

They want a complete copy or transcript from the IRS of your most recent tax return. A complete copy is all forms, schedules, attachments and W-2s and/or 1099s. A free tax return transcript from the IRS makes it easier and no worries about whether or not you sent everything required.

If you just started your new job a month ago, you could provide a letter from your employer stating your position and salary plus your most recent pay stub to prove your current income. However, since the job is so new, they may or may not still wish to see you have enough assets or a joint sponsor.