Tax returns for aos i864

[IandI 5]

I got an rfie asking for w2 and supporting tax schedules pertaining to co-sponsor.

The co-sponsor filed joint with her husband so technically her husbands w2 would be part of the tax schedule for her tax return. I plan on sending co-sponsor w2 along with her husbands with a reminder that the husband is not a co-sponsor but part of the tax return.

Is this common?

[Penguin_ie 5,993]

Yes when a couple files "married- filing jointly", they often ask for a I-864A and supporting docs from the other spouse.

[IandI 5]

The rfie didn't ask for 864a.

They asked only for all supporting schedules like w2 for co-sponsor.

Should I just send what they ask for or send husbands w2 as well?

[KayDeeCee 4,893]

When someone is qualifying on their own but has a joint return, you need to provide the joint transcript plus the W-2 of the person that is being the joint sponsor in order to show their individual income from the joint taxes. It states this in the I-864 instructions.

If you did not use an IRS transcript, then you would have needed to provide a complete copy of the joint return with ALL forms, schedules, W-2s and 1099s, not just the ones from the joint sponsor.

[IandI 5]

Ok so I will send the co-sponsor w2 along with her husbands and I will include a letter specifying that he is not a co-sponsor.

When someone is qualifying on their own but has a joint return, you need to provide the joint transcript plus the W-2 of the person that is being the joint sponsor in order to show their individual income from the joint taxes. It states this in the I-864 instructions.

If you did not use an IRS transcript, then you would have needed to provide a complete copy of the joint return with ALL forms, schedules, W-2s and 1099s, not just the ones from the joint sponsor.

[KayDeeCee 4,893]

There is no such thing as a co-sponsor with the I-864. There is a joint sponsor. As far as I can tell from your posts, your joint sponsor is a woman that is married and files taxes jointly. If the RFE is asking for the W-2 of the joint sponsor, then it either was not provided to begin with as part of a complete copy of their tax return, or with an IRS transcript. OR you did not provide the W-2s from either one of them and provide a complete copy of the return to begin with?

The W-2 was a requirement for the joint sponsor who filed taxes jointly but is qualifying on their own individual income alone. If their husband was not mentioned, then why bother pointing out that they are not sponsoring? There can only be the one joint sponsor, which is the wife, so of course the husband is not also a joint sponsor. If they were supplying an I-864A to go along with the wife's I-864, then they are simply a qualifying household member who is allowing their income to be used to help the joint sponsor meet the 125% requirement through their combined incomes.

From the instructions, which you should carefully read through >

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 filed a joint income tax return with your spouse and are qualifying using only your income.

[IandI 5]

They are asking for all supporting tax schedules for joint sponsor and they give examples of supporting schedules like w2

The joint sponsors husbands w2 is part of the joint sponsors tax return. Do they need to see all w2s related to that tax return or only joint sponsors?

That is what I was asking.

I did forget to include the w2 for joint sponsor.

The beginning of the rfie said the joint sponsor doesn't make enough money which isn't true. Maybe that is a generated response if no w2 is sent?

[KayDeeCee 4,893]

If you do not send the complete tax return or an IRS transcript, then they will always state the sponsor does not make enough. It is a boilerplate form letter. You failed to send in a complete copy of their tax return.

As already stated, you needed to send a complete copy of the return, which is ALL forms, schedules, W-2s and 1099s, or an IRS transcript. And if you also did not provide proof of the joint sponsor's current individual annual income, then add that in too.

[IandI 5]

You haven't been any help but thanks anyway.

The question I am asking simply needs a yes or no. (Whether to send w2 from spouse of joint sponsor is necessary or not)

Thanks anyway.

I would hate to ask instructions on how to make a sandwhich.

[KayDeeCee 4,893]

**removed** Bad day on my end, and I did not need to be so harsh.

It is not my fault you cannot read and understand instructions. If you cannot understand the form instructions, then perhaps seek an immigration lawyer to help you.

I answered that question several times over now, and even posted the direct answer from the actual I-864 form instructions.

Not that I need to, since I did not even have to try and help you out to begin with, and you are rude, and it was not a simple yes or no answer, BUT last time anyway............

1.) IF you send a copy of the tax return, then you must send in each and every form, schedule, attachment, W-2 and/or 1099 from the return. That means everything they would have had to send to the IRS if they filed by mail. If it is a joint tax return filing from a married couple, then you would have to send all the forms, schedules, attachments and W-2s and/or 1099s from BOTH people that filed the joint tax return. The joint return was from BOTH of them. They want to see the ENTIRE tax return.

2.) IF you were to get a free IRS transcript of their joint return, then you would only need to provide the IRS transcript plus the W-2 from the ONE person that is submitting the I-864 as the joint sponsor.

Edited October 13, 2016 by KayDeeCee