I-864 Proof of Income Offer Letter Vs 2013 Tax Return

[VisaParaUnSueno 9]

Hello Fellow VJ's

My income for 2012 was not enough to make the mark on the K-1 so they used my co-sponsor's info because I was within two jobs at the time and ect; but I just now started a permanent job with more than double the annual income requirement for a household of two on http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf, they pay me salary not hourly. I just started so I don't know if the offer letter, an additional letter from my employer, and my first pay stub will be enough proof of income. Will it be necessary to show my 2013 tax returns; I believe I meet the mark now but I'm not sure I will have them done by the time we submit our documents for AOS. I'm trying not use my co-sponsor again. For example; if I receive a RFE with the employment letters only will it be okay to send my 2013 income tax information then?

Thank much!

Edited March 17, 2014 by VisaParaUnSueno

[Greenbaum 12,259]

Send your employment letter, all payroll check stubs from this current job and your 2013 1040 with W2's. If your documents show that your earnings "far" exceed the income requirements for two people then nothing to worry about.

[VisaParaUnSueno 9]

Send your employment letter, all payroll check stubs from this current job and your 2013 1040 with W2's. If your documents show that your earnings "far" exceed the income requirements for two people then nothing to worry about.

Thank you for your reply; is it necessary to send 2013 2012 2011 3 tax years 1040's, the transcripts or 2013 is enough?

Now lets say they determine I don't have enough income will I get an RFE for it so I can then submit a co-sponsor or the AOS is completely denied?

[VisaParaUnSueno 9]

related to to this previous post:

Hello Fellow VJ's

My income for 2012 was not enough to make the mark on the K-1 so they used my co-sponsor's info because I was within two jobs at the time and ect; but I just now started a permanent job with more than double the annual income requirement for a household of two on http://www.uscis.gov...form/i-864p.pdf, they pay me salary not hourly. I just started so I don't know if the offer letter, an additional letter from my employer, and my first pay stub will be enough proof of income. Will it be necessary to show my 2013 tax returns; I believe I meet the mark now but I'm not sure I will have them done by the time we submit our documents for AOS. I'm trying not use my co-sponsor again. For example; if I receive a RFE with the employment letters only will it be okay to send my 2013 income tax information then?

Posted Today, 10:05 PM

Greenbaum, on 18 Mar 2014 - 2:14 PM, said:

Send your employment letter, all payroll check stubs from this current job and your 2013 1040 with W2's. If your documents show that your earnings "far" exceed the income requirements for two people then nothing to worry about.

Thank you for your reply; is it necessary to send 2013 2012 2011 3 tax years 1040's, the transcripts or 2013 is enough?

Now lets say they determine I don't have enough income will I get an RFE for it so I can then submit a co-sponsor or the AOS is completely denied?

[KayDeeCee 4,896]

Not sure why you took the last quote from the other post and started a new one on the same topic to reply to that quote.

If you have not filed your 2013 taxes yet, then when will you? The deadline is April 15th, so you could simply wait 3 weeks until you have filed in order to use your 2013 tax return as the most recent. You need to send a complete copy of the return with all forms, schedules, W-2s and/or 1099s or an IRS tax transcript. Send a letter from your employer and most recent pay stub(s) in order to prove your current annual income. If your job offer letter includes your annual salary, then include a cop of it too. Current annual income and what your made last year are not the same thing. Current annual income does not have to match up with last year's tax return.

To answer your other question, yes, they will send an RFE to state you do not meet the income requirement and to add assets or use a joint sponsor.

Edited March 25, 2014 by Jay-Kay

[Ryan H 3,834]

Duplicate topics merged.

[augusta23 8]

i cant send 2013 taxes because i havent file this year yet because i want my wife to get a ssn to fill so i wont lose the tax credits we will send the aos the first days of april will a get a rfe for 2013 taxes?

[tangrien 7]

Don't wait for a SSN to file. If you were married before January 1st, 2014, then you can (unless there is some weird situation I'm not aware of: I am not a lawyer) file your taxes as "married filing jointly" with her for your 2013 return. This is true even if she didn't have a green card. You need to prepare your taxes like normal (except, obviously, you will file jointly instead of single), however do NOT e-file, print them out. For her SSN, leave it blank (or put 999-88-9999 if you are using a tax program that FORCES you to enter a SSN for her). In either case, after you print it out (cross out 999-88-9999 if you had to type it) and write "Applying for ITIN - Completed W-7 included." You will then send those tax forms, a completed W-7 form, and her ORIGINAL, valid, unexpired passport (NOT a copy, even a certified copy) to the address listed on the W-7 form instructions.

The W-7 acceptance center will open the package, verify her passport, send the passport back to you (I think you can include a self-addressed stamped envelope to make this faster), process the W-7 form which gives her an ITIN, and then they'll update your tax forms and forward the tax forms to the main IRS tax office.

The whole process can take 4-6 weeks, so you should submit an extension to file. For your extension you also need to do this by paper (not e-file). When it asks for her SSN, write "Applying for ITIN - Pending." Be aware that the extension doesn't give you an extension to pay. If you you will have to pay taxes to the IRS (as opposed to getting a refund) you need to at least pay by April 15th, even if you haven't filed.

**DISCLAIMER** I am not a lawyer, research all of this yourself. It is available on the IRS website.

As for including your 2013 return in the package... yes, do it. If you make enough money now you won't need a sponsor. You need to include proof that you make enough now, however. It is okay if you didn't make enough last year - all they care about is what you are making now.

*edit* I just realized the person I was responding to and the OP are different people. My apologies to the OP if they already knew the above information. I'll keep it up here regardless, in case it helps someone.

Edited March 25, 2014 by tangrien

[augusta23 8]

she does have an itin but with itin i cant get my earned income credit only with ssn and its too much too pass...

[KayDeeCee 4,896]

she does have an itin but with itin i cant get my earned income credit only with ssn and its too much too pass...

File for an extension. Send copy of extension filing, and state you have not yet filed for 2013. Provide 2012 as your most recent.

[augusta23 8]

why? i dont owe anything to irs actually ill get a nice refund.. and we will send the aos before april 15....

[tangrien 7]

why? i dont owe anything to irs actually ill get a nice refund.. and we will send the aos before april 15....

To clarify, I think this is what you're saying:

*You haven't filed your 2013 taxes yet, because you are waiting for your wife to get a SSN.

*You need a SSN to get your EITC.

*You think because you'll send the AOS packet before April 15th, you'll have time to get your wife a SSN, and file your taxes before April 15th.

Are these all true? Why do you think you'll get a SSN so quickly?

[augusta23 8]

theres no deadline to fill your taxes if your getting a refund.

[aussie_jason 195]

Not filing your taxes or an extension by April 15th will result in the IRS marking you as delinquent.

[KayDeeCee 4,896]

why? i dont owe anything to irs actually ill get a nice refund.. and we will send the aos before april 15....

Because the most recent tax transcript is required, so if you file for an extension then you will be able to show that you have filed for one and perhaps avoid an RFE for your 2013 tax return. It is possible for the USCIS to ask for your 2013 return when applying this close to the deadline.

You need at least the EAD to get the SSN, and it will take 3-4 months after filing to receive that. That is well past the IRS deadline, yes? You will need an extension then, yes?