How to compute income for I-864

[ThailandExpat 0]

i've seen that checklist before though I am afraid that it does not answer the question that I posted above. The relevant parts states the following:

IF you paid U.S. income taxes, you MUST submit a copy of the most recent federal income tax return with all supporting schedules and/or W-2s, or an Internal Revenue Service (IRS) transcript (even if the sponsor filed electronically). To request IRS-generated transcripts or copies of a tax return, visit the IRS website.

That phraseology of that statement suggests that the w2s could be optional in certain circumstances. The checklist from the Bangkok embassy website states that you must have an employment letter. My question was if my dad could use the employment letter instead of the w2. Both essentially states the same thing and serve nearly identical purposes.

[slvrfx576 15]

If you present a tax return, instead of an IRS transcript, you must include a W-2 as it is an integral part of the tax return. This is because anyone can fill out a copy of tax return and not necessarily file it, so you must include W-2's. A W-2 is not the same as an employment letter (which is easy to "fake"). The rules are what they are and you are wasting time by trying to go around them because you don't have a needed document (W-2).

The phraseology of the statement quoted does not suggest that W-2's may be optional. They are not optional if the worker received one. If the income was from self employment rather than wages, then the taxpayer would have filed a Schedule C and he would not have a W-2. This is what your quote refers to when it says "supporting schedules and/or W-2's". So it is either/or/and depending on how the income was produced.

BTW, your sponsor should be able to easily get a W-2 from his employer. If he says that he can not, then something is wrong.

[slvrfx576 15]

Just a thought....ThailandExpat...does your sponsor's tax return include a Schedule C and have no entry on line 7 (which is the line for reporting wages paid) ?

[ThailandExpat 0]

There is a schedule c: profit and loss from business. The name of the proprietor is his wife and line 7 has 53,073 filled in

[ThailandExpat 0]

If you present a tax return, instead of an IRS transcript, you must include a W-2 as it is an integral part of the tax return. This is because anyone can fill out a copy of tax return and not necessarily file it, so you must include W-2's. A W-2 is not the same as an employment letter (which is easy to "fake"). The rules are what they are and you are wasting time by trying to go around them because you don't have a needed document (W-2).

The phraseology of the statement quoted does not suggest that W-2's may be optional. They are not optional if the worker received one. If the income was from self employment rather than wages, then the taxpayer would have filed a Schedule C and he would not have a W-2. This is what your quote refers to when it says "supporting schedules and/or W-2's". So it is either/or/and depending on how the income was produced.

BTW, your sponsor should be able to easily get a W-2 from his employer. If he says that he can not, then something is wrong.

I will probably be doing an DCF filing with the Bangkok Embassy. The instruction booklet that i downloaded from the embassy website states that all I need is an employment letter. I have quoted directly from the booklet and attached it on a previous post for closer inspection. No where does it mention a w2 form. I had my dad get an employment letter to satisfy the requirement listed in their booklet. It was not an attempt to somehow skirt the rules. I am merely trying to follow them exactly by crossing every "t" and dotting every "i". IAnyway, t's 2:00 am sunday morning for me. Perhaps a good night sleep will clear my head a little bit.

Edited August 3, 2013 by ThailandExpat

[Darnell 8,478]

so, for I-864 stuff (hello to all, btw)

must show:

1. prior years income (3 years) via

.....a. Full Tax Return Documents (1040, W-2, Schedules, Forms) or

.....b. Tax Return Transcripts

2. current annual income for 2013 via

.....a. Employment Letter from Employer or

.....b. Paystubs or

.....c. Audited Quarterly Income/Loss statements (plural) from CPA's office (If a business)

When an income tax return is filed jointly, the spouse must also prep an additional I-864A.

That's it, in a nutshell. I pray you have a good nutcracker, as I know the spoon is big.

[pushbrk 12,893]

I will probably be doing an DCF filing with the Bangkok Embassy. The instruction booklet that i downloaded from the embassy website states that all I need is an employment letter. I have quoted directly from the booklet and attached it on a previous post for closer inspection. No where does it mention a w2 form. I had my dad get an employment letter to satisfy the requirement listed in their booklet. It was not an attempt to somehow skirt the rules. I am merely trying to follow them exactly by crossing every "t" and dotting every "i". IAnyway, t's 2:00 am sunday morning for me. Perhaps a good night sleep will clear my head a little bit.

A complete tax return includes at least one W2 form for a filer who is "employed". Sounds like your dad is employed and wife is self employed. An employer letter (You can substitute a recent pay stub.) is evidence of "current income", where a tax return is required documentation of past income. Please stop trying to get around the instructions you are being given and stop arguing. Some of us here have been there, done that, and helped lots of others do it already. Pay attention.

[slvrfx576 15]

Pushbrk is correct. To try to make it clearer to you:

Employment letter is to demonstrate current income i.e. the current year which has had no tax return yet filed

W-2 is to demonstrate past income i.e. years which have a filed tax return. You must get a W-2 for your sponsor's past year return.

You need BOTH !

[Darnell 8,478]

There is a schedule c: profit and loss from business. The name of the proprietor is his wife and line 7 has 53,073 filled in

I'm all a fan of self-study.

IMO, you need to do more of it.

Go Get Em, and Good Luck !

[pushbrk 12,893]

Pushbrk is correct. To try to make it clearer to you:

Employment letter is to demonstrate current income i.e. the current year which has had no tax return yet filed

W-2 is to demonstrate past income i.e. years which have a filed tax return. You must get a W-2 for your sponsor's past year return.

You need BOTH !

Small correction. Current year and "current" income are not the same thing. You could have lost your job last month and have current year income of whatever, but now your current income is zero. Current income is your current income anualized 12 months into the future.

[ThailandExpat 0]

so, for I-864 stuff (hello to all, btw)

must show:

1. prior years income (3 years) via

.....a. Full Tax Return Documents (1040, W-2, Schedules, Forms) or

.....b. Tax Return Transcripts

2. current annual income for 2013 via

.....a. Employment Letter from Employer or

.....b. Paystubs or

.....c. Audited Quarterly Income/Loss statements (plural) from CPA's office (If a business)

When an income tax return is filed jointly, the spouse must also prep an additional I-864A.

That's it, in a nutshell. I pray you have a good nutcracker, as I know the spoon is big.

From the USCIS I-864A manual:

Form I-864A may only be used when a sponsor's income and

assets do not meet the income requirements of Form I-864 and

the qualifying household member chooses to combine his or

her resources with the income and/or assets of a sponsor to

meet the requirements. The obligations of the household

member under this contract terminate when the obligations of

the sponsor under the Affidavit of Support terminate

If my dad's income is sufficent then why should he include my step mother's income?

[Darnell 8,478]

because a joint tax return is shown on the two of them.

here's the short list, for you.

1. I-864 on you.

2. I-864 on Dad

3. I-864A on Mom.

Edited August 4, 2013 by Darnell

[TBoneTX 45,303]

I can't believe that anyone is questioning pushbrk's knowledge of ANY of this.

[pushbrk 12,893]

because a joint tax return is shown on the two of them.

here's the short list, for you.

1. I-864 on you.

2. I-864 on Dad

3. I-864A on Mom.

That's the safe way. You COULD use Dad's income alone and then document it but quite often the Consular Officer will request the I-864a from the spouse anyway. The real reason is that, because they are married, Dad alone signing is committing the joint assets to repay the government for any potential benefits. The purpose of the affidavits is not limited to showing the ability to support somebody. It's also a contract to repay the governent for means tested benefits ever paid to the immigrant during an extensive period of exposure. Married people are responsible for each other's debts, so asking them both to sign for a contract obligating marital assets is "prudent".

[Darnell 8,478]

Ya, I do likes the SAFE way. Why to stay at the IV Unit any longer than necessary?

Of course, 'necessary' is relevant, depending on the flow between screen and brain to fingertips, aye?