can I use 864EZ

[dougalted 0]

Hi everyone,

I am reading I-864EZ instructions pages and this is what it says.

Who may use form I-864EZ?

1.You are the person who filed or is filing the Form I-130,Petition for Alien Relative, for a relative being sponsored;

2.The relative you are sponsoring is the only person listed onthe Form I-130 petition;

3.The income you are using to qualify is based entirely onyour salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s).

I am ok with 1 & 2 since I am filing for my wife and she is the only one being sponsored.

However, 3 talks about W2 forms. I have just started my new work a few days ago, that means I won't have a W2 from my current company until next year. I have been making good money, always far exceeding poverty limit, but does this situation (that I have recently started a new job) disqualify me from filing 864EZ version?

Thank you for your help.

[YuAndDan 153]

If you will be the soul sponsor and income is above the 125% line you can use that form, as for the W2s they are not needed if you submit a tax transcript with the form, if you read further to part 19 Federal Income Tax Information, the form only requires last years tax transcript but suggests past 3 years tax transcripts, and suggest a letter from employer and suggests copies of pay stubs going back up to 6 months.

The form has very simple income evidence requirements.

Tax transcripts can be ordered from the IRS. http://www.irs.gov/faqs/faq1-6.html

Again depending on when your interview happens you will probbly be using your 2005 tax information not 2006 taxes.

[dougalted 0]

as for the W2s they are not needed if you submit a tax transcript with the form

YuAndDan, thank you. However, on page 7 of I-864EZ I find the following.

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

For ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statementand/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 taxyears , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of theseitems will help you qualify.

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So, the most recent tax year being 2005, I will have the necessary papers for 2005 taxes. But, my current employer name is different, because I joined them only a few days ago. The 864EZ qualifying critereria says, my income must be qualified using a W2. Or perhaps I am reading it wrong?

Thank you.