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

[Springrain22 427]

1 hour ago, Suss&Camm said:

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.

Cool, thanks. So if I file I-864 even after April 15, attaching 2015 tax return, 2016 w-2 and a very prominent letter from my employer showing that this is my current income for 2016 and I will make more (this is for sure) in 2017, will all this be a good pack to meet financial sponsorship requirements?

Edited February 14, 2017 by Springrain22

[Suss&Camm 2,213]

7 minutes ago, Springrain22 said:

Cool, thanks. So if I file I-864 even after April 15, attaching 2015 tax return, 2016 w-2 and a very prominent letter from my employer showing that this is my current income for 2016 and I will make more (this is for sure) in 2017, will all this be a good pack to meet financial sponsorship requirements?

It will, but if it is after April 15th you are only required to send the 2016 return. You are supposed to ALWAYS send the most recent return, (before April 15th - 2015 return, after April 15th, or if you filed it earlier, - 2016 return) Always send along w2's and supporting tax schedules to the latest return. I've seen ppl get rfe's for w2's even WITH tax TRANSCRIPTS, better safe than sorry. 

You still fill in the boxes on how much you made the prior two tax years, but only the latest return/transcript is required. The employer letter should be ofc on official letterhead, and state name, name of company, salary, earnings to date, type of employment and that you will be continuing to work there under the same conditions (or smth of the sort).

 

Good luck

[Springrain22 427]

27 minutes ago, Suss&Camm said:

It will, but if it is after April 15th you are only required to send the 2016 return. You are supposed to ALWAYS send the most recent return, (before April 15th - 2015 return, after April 15th, or if you filed it earlier, - 2016 return) Always send along w2's and supporting tax schedules to the latest return. I've seen ppl get rfe's for w2's even WITH tax TRANSCRIPTS, better safe than sorry. 

You still fill in the boxes on how much you made the prior two tax years, but only the latest return/transcript is required. The employer letter should be ofc on official letterhead, and state name, name of company, salary, earnings to date, type of employment and that you will be continuing to work there under the same conditions (or smth of the sort).

 

Good luck

It's sad because I wanted to file 2016 taxes after I file I-864. What if for 2016 I send 1040 and W2 instead of tax transcript? I can have my accounter done 1040 for me without actual tax submitting and submit taxes after i864 is approved. This is because like I said I have to file a joint tax for 2016 (personal + LLC) and I'm unable to do it by summer but I need to file i864 in March-April. Any way? My LLC has nothing to do with my w2 as an income proof.

 

Thanks for all your replies!

Edited February 14, 2017 by Springrain22

[Suss&Camm 2,213]

35 minutes ago, Springrain22 said:

It's sad because I wanted to file 2016 taxes after I file I-864. What if for 2016 I send 1040 and W2 instead of tax transcript? I can have my accounter done 1040 for me without actual tax submitting and submit taxes after i864 is approved. This is because like I said I have to file a joint tax for 2016 (personal + LLC) and I'm unable to do it by summer but I need to file i864 in March-April. Any way? My LLC has nothing to do with my w2 as an income proof.

 

Thanks for all your replies!

again.. you don't need to send the 2016 one... but for the tax return/transcript that you do opt to send (most likely 2015 then) you should send along w2's and schedules. You can include the w2 for 2016 as proof of current income but be sure to include other things as well. You have enough proof. It's not sad, just make sure to send it

Edited February 14, 2017 by Suss&Camm

[Springrain22 427]

26 minutes ago, Suss&Camm said:

again.. you don't need to send the 2016 one... but for the tax return/transcript that you do opt to send (most likely 2015 then) you should send along w2's and schedules. You can include the w2 for 2016 as proof of current income but be sure to include other things as well. You have enough proof. It's not sad, just make sure to send it

Again, thanks for all your answers. I guess you're not a lawyer but have some experience and knowledge on all this.

So, just to recap, correct me if I wrong.

 

For 2015. I made less than needed (17K). There's no way for me to get 2015 W-2 because I worked for a different companies and then I left to open my LLC so it's hard to get W-2. I would say I won't have it. I just have 1040 and tax transcript from IRS, that's all for 2015. The same for 2014 and 2013.

 

For 2016, I have my W-2 and a beautiful letter from my employer proving my salary and 2017 plans together. I spoke to my accountant, he said that he can prepare 1040 for 2016 without submitting it to the IRS. So I will have a hard copy. Once I filed I-864 and back to the country he can submit it to IRS. Because I already paid for 2016 from my salary, I owe IRS nothing (as a person). LLC taxes will be submitted to IRS as a part of joint tax later after I-864 submission. Again, LLC has nothing to do with this situation, I file I-864 as a person, not as a company.

 

Accountant said that if I owe IRS nothing for 2016 as a person, I can file AFTER April 15 with no problem. There would be a problem only if I owe them money. In this case, they owe me money.

 

I will most likely submit I-864 in April (USCIS to NVC is slow sometimes). So say NVC got it April 16, including all these:

• 2015 transcript
• 2016 1040 form
• 2016 W2 form
• 2016 employer letter
• my letter explaining what I made for 2016 and that I will file my taxes to IRS later

Is it a good way or I will get RFE for 100% because of no trascript for 2016? How do they check everything with IRS? Is it by SSN? On SSA.gov website I already see my 2016 earnings, it is there. Will NVC check my earnings by SSN to make sure I meet requirements?

 

 

Edited February 14, 2017 by Springrain22

[ConOfficer 167]

In my experience USCIS doesn't scrutinize the AOS at all (the consular officer is responsible for adjudicating the AOS, so maybe USCIS doesn't do this). You can write whatever you want and even if your tax return doesn't support you claimed income USCIS will still accept it and send it off to the consulate.

 

My guess is around 5-10% of families are refused at the consular processing stage and told to find a joint sponsor because the petitioner's AOS does not meet the USCIS poverty guidelines. A common reason is that the petitioner states that their family size is (for example) 3 on the AOS, but on their tax return they claim 7 other people as dependents. 

[Sukie 1,459]

It is impossible to say for 100% what is "OK" and what is "not OK" when it comes to USCIS. 

 

Technically, you are not required to submit 2016 tax information prior to April 15, 2017.  But we've had several folks (from African countries, I think) be REQUIRED to submit taxes early in the year before their cases are adjudicated.

 

USCIS needs tax returns/transcripts for two reasons:  1) to prove that the US Citizen is upstanding and files their taxes on time and 2) to prove their income.  That's why tax transcripts are more valuable than tax returns.  The transcripts proved you submitted your tax return, and lists what your income is.

 

OP - You may or may not get an RFE for your situation.   My advice is to submit your 2015 tax transcript (even though it is low), and your beautiful letter from your employer for your current job, PLUS all pay stubs you have received so far in your current more-than-enough job.  Your pay stubs will also show that you are currently having tax withheld from your paycheck.  If your W-2 for 2016 shows sufficient income, you can add that to the package.

 

I do not believe submitting a not-yet-filed 1040 for 2016 does anything for you.  Because it has not been submitted, there is nothing to say that that document will not be changed between now and when you actually file it. 

 

An RFE is maddening, but because you have an unusual situation, you should try to build in the possibility of one.

 

Sukie in NY

[Suss&Camm 2,213]

35 minutes ago, Sukie said:

It is impossible to say for 100% what is "OK" and what is "not OK" when it comes to USCIS. 

 

Technically, you are not required to submit 2016 tax information prior to April 15, 2017.  But we've had several folks (from African countries, I think) be REQUIRED to submit taxes early in the year before their cases are adjudicated.

 

USCIS needs tax returns/transcripts for two reasons:  1) to prove that the US Citizen is upstanding and files their taxes on time and 2) to prove their income.  That's why tax transcripts are more valuable than tax returns.  The transcripts proved you submitted your tax return, and lists what your income is.

 

OP - You may or may not get an RFE for your situation.   My advice is to submit your 2015 tax transcript (even though it is low), and your beautiful letter from your employer for your current job, PLUS all pay stubs you have received so far in your current more-than-enough job.  Your pay stubs will also show that you are currently having tax withheld from your paycheck.  If your W-2 for 2016 shows sufficient income, you can add that to the package.

 

I do not believe submitting a not-yet-filed 1040 for 2016 does anything for you.  Because it has not been submitted, there is nothing to say that that document will not be changed between now and when you actually file it. 

 

An RFE is maddening, but because you have an unusual situation, you should try to build in the possibility of one.

 

Sukie in NY

^^^ I agree with all of this. You might have to accept the possibility of an rfe and this is not the end of the world. Ofc send everything you have and hope for the best

[Ting tong420 0]

I already submit 2016 tax return and i864 at embassy ?  is it any problem of my processing ? 

[GreatDane 366]

You noted your 2015 taxes were low due to being outside the country. If you were working or had any income, it must be reported to the IRS. You might need to look into amending your 2015 taxes. Typically this doesn't create any tax burden.

[Ryan H 3,812]

19 hours ago, Sukie said:

It is impossible to say for 100% what is "OK" and what is "not OK" when it comes to USCIS. 

 

Technically, you are not required to submit 2016 tax information prior to April 15, 2017.  But we've had several folks (from African countries, I think) be REQUIRED to submit taxes early in the year before their cases are adjudicated.

 

USCIS needs tax returns/transcripts for two reasons:  1) to prove that the US Citizen is upstanding and files their taxes on time and 2) to prove their income.  That's why tax transcripts are more valuable than tax returns.  The transcripts proved you submitted your tax return, and lists what your income is.

 

OP - You may or may not get an RFE for your situation.   My advice is to submit your 2015 tax transcript (even though it is low), and your beautiful letter from your employer for your current job, PLUS all pay stubs you have received so far in your current more-than-enough job.  Your pay stubs will also show that you are currently having tax withheld from your paycheck.  If your W-2 for 2016 shows sufficient income, you can add that to the package.

 

I do not believe submitting a not-yet-filed 1040 for 2016 does anything for you.  Because it has not been submitted, there is nothing to say that that document will not be changed between now and when you actually file it. 

 

An RFE is maddening, but because you have an unusual situation, you should try to build in the possibility of one.

 

Sukie in NY

 

 

USCIS is not involved with the OP's case at this point and the only government agency that truly cares if "the US Citizen is upstanding and files their taxes on time" is the IRS.  The CO at the Embassy or Consulate who will make the actual decision on the public charge question will only care if the sponsor can meet their obligation under the I-864.

[patriot10 11]

If you have the IRS tax transcripts, that is it...thats all they require and in fact seem to prefer.

Its very simple if your sponsor filed singly.

If you sponsor filed jointly with a spouse then further documentation is involved where the sponsor would have to show their own w2s etc, cause it is the sponsor who is liable for you and if the spouse of the sponsor has not signed the 864 but the transcript is mostly his/her income, that would not be right for your case.

 

If you file returns, then it is more complicated and they require everything that you filed along with your return.