Is W-2 enough when filing I-864? [merged threads]

[Springrain22 427]

Hi all, I am a USC, filed I-130 for my wife and soon will be filing I-864 to NVC.
Question: what exactly do they want to see as my income so I can meet requirements? Do they want to see all money that I earned or they want to see IRS transcripts only?
THe thing is that in 2016 I made more than enough (70K+) and I have my W-2 from my employer. I do not own IRS anything because taxes were already cut off from my checks. By circumstances, I won't be able to file 1040 for 2016 to IRS before I send my I-864, so I won't have tax return transcript while mailing I-864 to the NVC, so I can only show W-2 for 2016. It makes no sense to show 2015 because I did not work that much to make enough that year.
So, can I show just W-2 and my explanation letter that I don't owe anything to IRS so I will file my taxes later and thus there's no tax return transcript for 2016? Or I MUST 100% show tax return transcript for 2016?
After all, is it correct that they need to know how much I made? Is W-2 enough for them?
Please clarify. I've read I-864 instuctions but it's not that clear there to be 100% sure.
Thanks!

Edited February 14, 2017 by Springrain22

[Ash.1101 1,756]

No, they will want your Tax Return 1040 or tax transcript. The W2 is merely a supporting document for the Tax Return 1040. Ideally the logic is, if you have your W2 now, there's no reason to NOT file your tax return. By you sending it, you're showing that you're perfectly capable of doing so, you're simply not doing it.


Note, you could have started filing taxes electronically as soon as Jan 20th, and you should hear if your tax return is accepted within 48 hours of filing it electronically. I'd recommend doing it electronically as then you can send them the copy of the 1040 that generates after you file your taxes, and you can have that in a couple of days. Sending them a promise that you do not owe taxes isn't going to do anything for them at all. They want to see the breakdown on the 1040 proving you've paid your taxes and you've made what your W2's say.

So unless you plan on sending out the I-864 by tomorrow or Thursday, you do have time to do your taxes.

Save yourself the RFE in the future.



Also this is on page 7 of the I-864 instructions:  https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf
 

Quote

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

 

Edited February 14, 2017 by Ash.1101

[A'n'L 735]

The 2016 tax return is only required after April 15th of this year. Your 2015 tax return is what you have to show currently. They request the most recent tax return also to show that you do file taxes, and are in good standing with the IRS. To show that you make enough to support your wife, you should submit a letter from your employer stating your position and salary. You should also submit pay stubs from the last 6 months.

[Springrain22 427]

9 minutes ago, Springrain22 said:

Hi all, I am a USC, filed I-130 for my wife and soon will be filing I-864 to NVC.
Question: what exactly do they want to see as my income so I can meet requirements? Do they want to see all money that I earned or they want to see IRS transcripts only?
THe thing is that in 2016 I made more than enough (70K+) and I have my W-2 from my employer. I do not own IRS anything because taxes were already cut off from my checks. By circumstances, I won't be able to file 1040 for 2016 to IRS before I send my I-864, so I won't have tax return transcript while mailing I-864 to the NVC, so I can only show W-2 for 2016. It makes no sense to show 2015 because I did not work that much to make enough that year.
So, can I show just W-2 and my explanation letter that I don't owe anything to IRS so I will file my taxes later and thus there's no tax return transcript for 2016? Or I MUST 100% show tax return transcript for 2016?
After all, is it correct that they need to know how much I made? Is W-2 enough for them?
Please clarify. I've read I-864 instuctions but it's not that clear there to be 100% sure.
Thanks!

The problem is that I can not file my taxes for 2016. I am also running my LLC and I file joint tax (personal + LLC) every year. I am not in the US so I can't do it (I am the only person who can do it). The question was, it is enough to include W-2 (it has all pay stubs info as a total) and a letter from my employer and a letter from myself with some explanation that I will file my 2016 taxes later this year as I do not owe anything to IRS. Does it work?

[Springrain22 427]

7 minutes ago, Ash.1101 said:

No, they will want your Tax Return 1040 or tax transcript. The W2 is merely a supporting document for the Tax Return 1040. Ideally the logic is, if you have your W2 now, there's no reason to NOT file your tax return. By you sending it, you're showing that you're perfectly capable of doing so, you're simply not doing it.


Note, you could have started filing taxes electronically as soon as Jan 20th, and you should hear if your tax return is accepted within 48 hours of filing it electronically. I'd recommend doing it electronically as then you can send them the copy of the 1040 that generates after you file your taxes, and you can have that in a couple of days. Sending them a promise that you do not owe taxes isn't going to do anything for them at all. They want to see the breakdown on the 1040 proving you've paid your taxes and you've made what your W2's say.

So unless you plan on sending out the I-864 by tomorrow or Thursday, you do have time to do your taxes.

Save yourself the RFE in the future.



Also this is on page 7 of the I-864 instructions:  https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf
 

 

The problem is that I can not file my taxes for 2016. I am also running my LLC and I file joint tax (personal + LLC) every year. I am not in the US so I can't do it (I am the only person who can do it). The question was, it is enough to include W-2 (it has all pay stubs info as a total) and a letter from my employer and a letter from myself with some explanation that I will file my 2016 taxes later this year as I do not owe anything to IRS. Does it work?

[Ash.1101 1,756]

1 minute ago, Springrain22 said:

The problem is that I can not file my taxes for 2016. I am also running my LLC and I file joint tax (personal + LLC) every year. I am not in the US so I can't do it (I am the only person who can do it). The question was, it is enough to include W-2 (it has all pay stubs info as a total) and a letter from my employer and a letter from myself with some explanation that I will file my 2016 taxes later this year as I do not owe anything to IRS. Does it work?

If you can't file your taxes, then you will have to send your 2015 taxes, and then proof of what you currently make. You can send them proof of what your W2 shows this year, and current  pay information, but note that if they don't get around to processing that information until April, they will ask for the tax return.

[Springrain22 427]

Just now, Ash.1101 said:

If you can't file your taxes, then you will have to send your 2015 taxes, and then proof of what you currently make. You can send them proof of what your W2 shows this year, and current  pay information, but note that if they don't get around to processing that information until April, they will ask for the tax return.

Like I mentioned above, I made not enough in 2015 to meet their requirement due to my travels. So, if I send them my 2015 taxes (17K) and for 2016 only my W-2 (70K+) -- will it be OK?

[Ben&Zian 4,398]

I would supply as much information as you can then. If two years of tax transcripts and three years W2's, do best you can with what's available. 

[Springrain22 427]

Just now, Ben&Zian said:

I would supply as much information as you can then. If two years of tax transcripts and three years W2's, do best you can with what's available. 

It's understandable. I have no W-2 for 2015, just my 1040 and tax return (in 2015 I made less money then they ask for). For 2016 I have only W-2. So if I include 2015 transcript and currently income (2016) as a W-2, will it be enough for them?

[Ash.1101 1,756]

3 minutes ago, Springrain22 said:

Like I mentioned above, I made not enough in 2015 to meet their requirement due to my travels. So, if I send them my 2015 taxes (17K) and for 2016 only my W-2 (70K+) -- will it be OK?

Yes, if you don't send them your 2015 taxes or 2016 taxes, you'll just be RFE'd for it. You have to AT LEAST send the 2015 taxes, and then you can send proof of your current income, such as the W2, Paystubs, employer letter.


 

[Springrain22 427]

1 minute ago, Ash.1101 said:

Yes, if you don't send them your 2015 taxes or 2016 taxes, you'll just be RFE'd for it. You have to AT LEAST send the 2015 taxes, and then you can send proof of your current income, such as the W2, Paystubs, employer letter.


 

Even if there's not enough money for 2015, is it right?

[Springrain22 427]

2 minutes ago, Ash.1101 said:

Yes, if you don't send them your 2015 taxes or 2016 taxes, you'll just be RFE'd for it. You have to AT LEAST send the 2015 taxes, and then you can send proof of your current income, such as the W2, Paystubs, employer letter.


 

Even if there's not enough money for 2015, is it right?

[TBoneTX 45,289]

Parallel thread moved from the Tax & Finances forum to CR-1 Process forum and merged with thread there.  Please post just once on a single topic.  Thanks.

[Ash.1101 1,756]

31 minutes ago, Springrain22 said:

Even if there's not enough money for 2015, is it right?

 

It should be because current income matters the most, but note if you don't send it they WILL ask for either 2015 or 2016 tax return. There's no way around it as tax returns trump W2's that haven't been filed with the IRS yet via tax return. You can add a statement saying why you haven't, but as a good example, there was one poster here who's husband claimed they made over 100k a year, but last year it showed he only made 2000 on the AGI line of the tax return, the line that is VERY important. Because of all the deductions he made during that fiscal year, he only technically made 2000$ for the year, even though his paychecks and pay could show he made over 100k. THIS is why the tax returns are important.

If they ask for more financial information, if it's AFTER April 2016 then you'll need to send them your 2016 tax return, or at the VERY MINIMUM, you can send them a statement saying that your current income is X,Y,Z, and why you haven't filed with all the proof you can, but this is only if they send you an RFE.

[Suss&Camm 2,213]

19 minutes ago, Ash.1101 said:

 

It should be because current income matters the most, but note if you don't send it they WILL ask for either 2015 or 2016 tax return. There's no way around it as tax returns trump W2's that haven't been filed with the IRS yet via tax return. You can add a statement saying why you haven't, but as a good example, there was one poster here who's husband claimed they made over 100k a year, but last year it showed he only made 2000 on the AGI line of the tax return, the line that is VERY important. Because of all the deductions he made during that fiscal year, he only technically made 2000$ for the year, even though his paychecks and pay could show he made over 100k. THIS is why the tax returns are important.

If they ask for more financial information, if it's AFTER April 2016 then you'll need to send them your 2016 tax return, or at the VERY MINIMUM, you can send them a statement saying that your current income is X,Y,Z, and why you haven't filed with all the proof you can, but this is only if they send you an RFE.

AGI is the important line only if you're self-employed like that guy was. If you work for a company it's the gross income line.

 

OP, the 2015 taxes need to be sent as mentioned earlier as "proof of filing taxes" not necessarily "proof of income" if it's less than required. I would not send ONLY the w2 as proof of current income. As also mentioned include letter from employer at least as that will show that you are making this amount at present and will continue to do so.