Tax return question - apologies in advance!

[catie-b 2]

Hi guys.. I have a quick question regarding submitting tax returns as part of the AOS package.

We received an RFE asking for the Federal Income Tax Return from the most recent tax year. We had already sent in Tax Returns from 2010 and 2011, but a "W2" for 2012. My husband hasn't yet filed for 2013, so if we send the Tax Return from 2012, will this count as the most recent tax year? Or should we file for 2013 too? Also, are tax transcripts accepted too?

I'm sorry if this sounds like a stupid question. A lot is going on right now all at once, and on top of missing home like crazy, every little thing is stressing me out and making me worry (and cry... LOTS).

Thanks for any replies

[CaliCanadian 0]

I also am in a similar situation. (and currently on hold with USCIS trying to speak to an immigration officer!) I received a request for initial evidence today asking us to "Submit all supporting tax documentation (W-2's, 1099's, and all supporting tax schedules) submitted to the iRS from the petitioner/sponsor on form I-864, for the most recent tax year"

We sent in my husbands tax return document for 2012 - but not his W2's etc. Do you think they just want this, or should we file our 2013 taxes and send that in too?

We are using my income to put us above the poverty guidelines, so do you think we should send in my tax stuff too?

Also, there is another box checked saying "Based on the documents submitted with Form I-864, for the petitioner/sponsor, the income did not meet 125% of the federal poverty line for the petitioner/sponsor's household size." (AACKKK!!)

-Our household income is over $30,000, well over the $19,000 that was the guideline...do you think they are just saying this at this point because we're missing documents?

(Hang in there Catie-b, sounds like we're in a similar situation!)

[Nich-Nick 3,354]

A complete tax return for USCIS means:

1) all forms and schedules that make up the tax return. That could be Form 1040/1040A/1040EZ and maybe Schedule A, B, C, D, SE etc etc. It depends on how you make money, if self-employed, if investments. Different strokes for different folks.

2) a form from (usually) the employer stating your wages. If an employee it's a W2. If an independent contractor, it's 1099-MISC. If retired (pension), it's 1099-R. If retired (social security), it's SSA-1099.

A W2 by itself isn't a complete tax return.

. . . . . . . . .

A tax transcript is also acceptable (better) instead of a complete tax return. They are downloadable since last month. No waiting for mail anymore. It is complete by itself. No 1040, Schedules, W2, or 1099.

. . . . . . . . .

2013 taxes are not due until April 15. Before then, a 2012 complete tax return OR 2012 tax return transcript from the IRS can be your "most recent" tax return. They do not force you to complete 2013 early. If you have done 2013 already, then of course use it. If 2013 is going to show more money, then that should motivate you to hurry up and get the taxes filed.

If you followed this, you each can probably figure out what you were missing.

Catie--no tax forms for 2012. W2 alone doesn't do it.

CaliCan--just the opposite, tax forms but no W2 (or 1099 if independent contractor.

Both of you should download your transcripts

Here's the link http://www.irs.gov/Individuals/Get-Transcript

Choose tax return transcript from the choices.

Edited February 21, 2014 by Nich-Nick

[catie-b 2]

A complete tax return for USCIS means:

1) all forms and schedules that make up the tax return. That could be Form 1040/1040A/1040EZ and maybe Schedule A, B, C, D, SE etc etc. It depends on how you make money, if self-employed, if investments. Different strokes for different folks.

2) a form from (usually) the employer stating your wages. If an employee it's a W2. If an independent contractor, it's 1099-MISC. If retired (pension), it's 1099-R. If retired (social security), it's SSA-1099.

A W2 by itself isn't a complete tax return.

. . . . . . . . .

A tax transcript is also acceptable (better) instead of a complete tax return. They are downloadable since last month. No waiting for mail anymore. It is complete by itself. No 1040, Schedules, W2, or 1099.

. . . . . . . . .

2013 taxes are not due until April 15. Before then, a 2012 complete tax return OR 2012 tax return transcript from the IRS can be your "most recent" tax return. They do not force you to complete 2013 early. If you have done 2013 already, then of course use it. If 2013 is going to show more money, then that should motivate you to hurry up and get the taxes filed.

If you followed this, you each can probably figure out what you were missing.

Catie--no tax forms for 2012. W2 alone doesn't do it.

CaliCan--just the opposite, tax forms but no W2 (or 1099 if independent contractor.

Both of you should download your transcripts

Here's the link http://www.irs.gov/Individuals/Get-Transcript

Choose tax return transcript from the choices.

Thanks so much, Nich-Nick. We now have his tax return as well as the transcript, so will probably just send both. I don't know what 1040, 1099s etc. are... Before I get my work permit I'm going to get hubs to sit down with me and explain exactly how tax stuff works here... it seems so different from the UK. I knew where I was with PAYE!

[Zedayn 485]

2013 taxes are not needed until April 15. It is easier to just get the tax return transcripts, because all the information required is included. You can now download and print your IRS tax return transcripts online, so no more waiting.

Thanks so much, Nich-Nick. We now have his tax return as well as the transcript, so will probably just send both. I don't know what 1040, 1099s etc. are... Before I get my work permit I'm going to get hubs to sit down with me and explain exactly how tax stuff works here... it seems so different from the UK. I knew where I was with PAYE!

If you include your tax return transcript, you do not need to include other tax forms.

[catie-b 2]

2013 taxes are not needed until April 15. It is easier to just get the tax return transcripts, because all the information required is included. You can now download and print your IRS tax return transcripts online, so no more waiting.

If you include your tax return transcript, you do not need to include other tax forms.

Thank you

[Nich-Nick 3,354]

Thanks so much, Nich-Nick. We now have his tax return as well as the transcript, so will probably just send both. I don't know what 1040, 1099s etc. are... Before I get my work permit I'm going to get hubs to sit down with me and explain exactly how tax stuff works here... it seems so different from the UK. I knew where I was with PAYE!

It is a lot different. Your employer holds out money for taxes from your paycheck (as well as Social Security and Medicare for your government retirement). What the employer holds out is an estimate. You file a tax return every year to figure out your actual tax. If the tax is actually less than what was paid in, you get a refund. If the actual tax is more than you paid in, you owe and send the IRS what is still due.

Your tax form is the 1040 for calculating actual taxes. If your income is pretty simple, then sometimes shorter versions like 1040A or 1040EZ might be used.

If you have a job, your employer sends out a Form W2 in January to you and the IRS saying what you earned for the tax year Jan 1-Dec 31, as well as how much was held out for taxes, Social security, and Medicare. You need that form in order to fill out the tax return(1040). Some people are just contract employees and the company that hires them doesn't normally hold out anything. They send a Form 1099-Misc to the worker and IRS saying how much they paid the worker for the tax year. So that's why these USCIS things say W2 and 1099 because not everybody gets a W2. Some wages may be reported on a 1099 instead. There are many versions of 1099, but the point is income can be reported on either form W2 or 1099 depending on your situation.

So as I said before, a W2 shows your reported income, but it isn't a tax return. USCIS requires a tax return.

So why tax return plus W2? Anybody could download a tax form 1040, fill it in saying they made $100,000, and send that to USCIS. So USCIS wants that official W2 report of wages with it to make sure you didn't send them a fake tax form where you filled in more than you really make.

A transcript is generated by the IRS based on exactly what you filed with them. They have already seen that the income you put on the 1040 matches what the employer (or others) have paid you. A transcript is from IRS records so is basically verified as correct. That's why it can stand alone with nothing else to go with it.

Sending a photocopy of your tax return/W2 AND a transcript is redundant.

[catie-b 2]

It is a lot different. Your employer holds out money for taxes from your paycheck (as well as Social Security and Medicare for your government retirement). What the employer holds out is an estimate. You file a tax return every year to figure out your actual tax. If the tax is actually less than what was paid in, you get a refund. If the actual tax is more than you paid in, you owe and send the IRS what is still due.

Your tax form is the 1040 for calculating actual taxes. If your income is pretty simple, then sometimes shorter versions like 1040A or 1040EZ might be used.

If you have a job, your employer sends out a Form W2 in January to you and the IRS saying what you earned for the tax year Jan 1-Dec 31, as well as how much was held out for taxes, Social security, and Medicare. You need that form in order to fill out the tax return(1040). Some people are just contract employees and the company that hires them doesn't normally hold out anything. They send a Form 1099-Misc to the worker and IRS saying how much they paid the worker for the tax year. So that's why these USCIS things say W2 and 1099 because not everybody gets a W2. Some wages may be reported on a 1099 instead. There are many versions of 1099, but the point is income can be reported on either form W2 or 1099 depending on your situation.

So as I said before, a W2 shows your reported income, but it isn't a tax return. USCIS requires a tax return.

So why tax return plus W2? Anybody could download a tax form 1040, fill it in saying they made $100,000, and send that to USCIS. So USCIS wants that official W2 report of wages with it to make sure you didn't send them a fake tax form where you filled in more than you really make.

A transcript is generated by the IRS based on exactly what you filed with them. They have already seen that the income you put on the 1040 matches what the employer (or others) have paid you. A transcript is from IRS records so is basically verified as correct. That's why it can stand alone with nothing else to go with it.

Sending a photocopy of your tax return/W2 AND a transcript is redundant.

Woa, thanks for such a detailed reply! (I'm pretty sure that explanation is a lot clearer than the one I'd get if I asked my husband, lol). Anyway, our RFE response got mailed out today. Thankfully the tax return was the only thing we were missing.

Cheers again,

Catie