Are there inconsistent directions on USCIS' I-864 instruction document versus their checklist?

[simonschus 58]

Hi all,

For the adjustment from my K1, my partner and I are considering getting a joint sponsor. Sixty percent of my partner's income is non-taxable which takes her under the poverty threshold on her 2015 tax return. Annoying given she has 65k - 70k going into her bank account from her employer each year, but bygones. We thought it'd be safest to do this than to get slowed down by RFEs.

Anyway, I've been looking at the USCIS' I-864 instructions and have noted some inconsistencies. Those inconsistencies arise when comparing i) the main text of the instruction document; and ii) the checklist on the final page of that same instructions document. There are at least two inconsistencies that I've noticed:

1) Tax transcript without W2s vs. Income tax return with W2s

The main part of the instructions reads: "If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you led a joint income tax return with your spouse and are qualifying using only your income."

Comparatively, though the check list reads: "The following items must be submitted with Form I-864: For ALL sponsors: A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/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 tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify."

This is strange as one implies that the joint sponsor's IRS Transcripts are okay without their W2s/1099s. The other implies that the tax return is required with the W2s/1099s. Nonetheless, given the abundance of information on these forums we shall just submit the joint sponsor's IRS Transcripts for the past three years (they haven't filed jointly with anybody so won't be submitting their W2s/1099s, or anything else!)

2) Proof of US citizenship/nationality (if relevant) including a biographic passport page vs copy of passport?

The main document states that US citizenship/nationality of the joint sponsor can be proved by various means: "Proof of U.S. citizen or U.S. national status includes a copy of your birth certicate, certicate of naturalization, certicate of citizenship, consular report of birth abroad to U.S. citizen parents, or a copy of the biographic data page of your U.S. passport." [bolding added for emphasis]

Comparatively, the checklist reads: "For U.S. citizens or U.S. nationals, a copy of your birth certificate, passport, or certcate of naturalization or citizenship" [bolding added for emphasis].

I'm going to assume that the joint sponsor only needs to submit a copy of the biographic data page rather than a copy of the entirety of their passport.

You might ask why I've posted this - well, I couldn't find a post where this has been mentioned before, for one. I also wanted to see if anybody else thought that this was confusing by being inconsistent. Personally, I'm not confused by this inconsistency given the information provided on these fora. In addition, I admit that one could probably take the view that the main document supersedes the checklist which is only intended as a blunt summary.

Anyway, thoughts over.

Simon.

Edited March 25, 2016 by simonschus

[Anh map 2,098]

If the USC is currently receiving $65K - $70K a year from an employer then that ought to be enough. The USC would have to give evidence of why that money is not taxable.

Now if the USC is self employed and their tax return shows less than the required amount on line 22 of the form 1040, then a joint sponsor would be needed.

Tax returns are different from tax transcripts. You supply the tax return and supporting documentation (W2, 1099, etc.) Tax transcripts are supplied by the IRS using information supplied by the taxpayer. No need to resupply the documentation used to produce the transcript.

It's all pretty straight forward.

[simonschus 58]

If the USC is currently receiving $65K - $70K a year from an employer then that ought to be enough. The USC would have to give evidence of why that money is not taxable.

Now if the USC is self employed and their tax return shows less than the required amount on line 22 of the form 1040, then a joint sponsor would be needed.

Tax returns are different from tax transcripts. You supply the tax return and supporting documentation (W2, 1099, etc.) Tax transcripts are supplied by the IRS using information supplied by the taxpayer. No need to resupply the documentation used to produce the transcript.

It's all pretty straight forward.

Thanks for your thoughts on this Anh map! I appreciate them :)

My issue wasn't that it is/isn't straightforward given what we know from reading the fora (I had tried to highlight that this wasn't a problem throughout my post; I personally find the concepts fairly straightforward and was just reading the instructions because I find them kind of fun when I'm bored!). Instead, the intention of my post was primarily to highlight that I thought that the instructions in the USCIS instruction document are inconsistent and to see if others thought that they were too, irrespective of the individual circumstances in my case.

What do you think?

Simon.

Edited March 25, 2016 by simonschus

[Nich-Nick 3,354]

I admit that one could probably take the view that the main document supersedes the checklist which is only intended as a blunt summary.

I'm in this camp.

[KayDeeCee 4,896]

I admit that one could probably take the view that the main document supersedes the checklist which is only intended as a blunt summary.

I'm in this camp.

I concur.