Question on I-864

[loonphang 0]

Can i use the same proof for I-864 ithat i provide during my fiancee interview in October?? it is a hassle for me to get those proof again. Do those proof ( employment verifivation letter, Bank letter) have expiration date?

[Kath 0]

hi

i would definetly get an updated letter from your employer...it shows that your employment is still ongoing...(this is what we did anyways)

i dont know if there is an expiration date of those letters though...

good luck in your journey

kath

[rebeccajo 14]

Read the instructions for the new I-864 and then decide if employment letters and bank letters will even be necessary.

[YuAndDan 153]

If your income exceeds poverty line by 125%, you can use I-864EZ, the required paperwork for it is 1-3 years tax return data, Tax Transcripts are acceptable items free from IRS. If you file AOS before the Tax deadline next year, you can use 2005,04,03 return data. Letter from employer, and recent pay stubs are optional with I-864EZ, and no assets are used.

See:

http://www.irs.gov/faqs/faq1-6.html

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

I-864EZ

[Ladylethal 12]

Btw, how do we know which form to use?

[Dr_LHA 3]

Btw, how do we know which form to use?

Try the EZ first, read the instructions, it should become quite clear after that if you can't file EZ. Basically EZ is if you're a "normal person", i.e. the sponsor earns enough and there are no other complicating factors.

[Ladylethal 12]

Ok, so what if the sponsor (who's using a co-sponsor) only filed tax starting 2005, 'cus before he was a dependant and a student and didn't file at all?

[Dr_LHA 3]

Ok, so what if the sponsor (who's using a co-sponsor) only filed tax starting 2005, 'cus before he was a dependant and a student and didn't file at all?

Well the form only asks for the last 1040, but the rules state that you need the last 3 years of tax returns. You could file I-864EZ with just the 2005 tax return and it could be fine (I only sent last years tax return and had no problem), but many others have been getting RFE's for previous 1040s, which you obviously couldn't send.

[Ladylethal 12]

But do all versions of I-864 require 3 years? Should I just attach an explanation that we don't have previous tax returns? And rely on the co-sponsor's 3 years tax returns instead?

[Dr_LHA 3]

Both I-864s currently "requires" only the last year's 1040. It says you may submit previous tax returns if you feel they would help your case.

Unfortunately this requirement for only 1 year is not always being followed by USCIS and they have been sending some people RFEs asking for previous tax returns.

If you want to be safe, get a co-sponsor. However by the letter of the instructions, you shouldn't have to.

[YuAndDan 153]

Both I-864s currently "requires" only the last year's 1040. It says you may submit previous tax returns if you feel they would help your case.

Unfortunately this requirement for only 1 year is not always being followed by USCIS and they have been sending some people RFEs asking for previous tax returns.

If you want to be safe, get a co-sponsor. However by the letter of the instructions, you shouldn't have to.

Also even if your income 3 years ago was below, they will see that the past 2 were above, and should understand that your income situation is better now than then.

You can order tax transcripts from the IRS if you dont have previous years returns, they are free, and will be accepted in place of 1040s, W2s, and 1099s .

http://www.irs.gov/faqs/faq1-6.html

Just call IRS and order past 3 years worth, they will show up in the mail in about 10 days.

[Dr_LHA 3]

Tax transcripts won't exist for years Luis&Laura haven't filed, YuAndDan. That is the issue here, the sponsor hadn't filed a tax return until the 2005 one (i.e. they've only filed once).

[Ladylethal 12]

Yeah, my question is should we still use the EZ form in this situation? In any case we'll have a co-sponsor since our tax return for 2005 was below the poverty guidelines.

[YuAndDan 153]

Yeah, my question is should we still use the EZ form in this situation? In any case we'll have a co-sponsor since our tax return for 2005 was below the poverty guidelines.

The I-864EZ form is used for simple cases. If you are going to use a co-sponsor you have to use the I-864, and you co-sponsor uses an I-864A if they are in the same household as you, or I-864 if not in the same household.

[Killer_Clown_2009 0]

When I sent in my Affidavit, I included the actual tax transcript from 2005. It's my understanding that when I submitted it, I was not to send in the actual tax return. Are people getting RFE's when they send in the TAX TRANSCRIPT, or just when they sent in the tax return and the other supporting documents. What are they asking for in the RFEs?

I have 2002, 2003, 2004 tax transcripts too, but seeing as the income on them is low to none, I didn't bother to send them in.

I attached a letter explaining why and also a letter from the employer stating annual income and a recent paystub reflecting YTD income. I was hoping this would head off any questions they may have had about why my husband had no income in previous years.

Can someone let me know if they recieved an RFE on the most recent years tax transcript? Cause it doesn't make sense to me that they would be asking for more tax transcipts when it states clearly on the form that one should suffice.

I'm wondering if some of these RFEs are sent to people who are submitting a copy of their most recent tax return, without the other requested tax info (sorry I forget the names of the forms offhand).

Edited November 26, 2006 by jane2005