I864

[ThisguyJerry 2]

I just filed taxes for last year. Misplaced w2 during our move to a new house. Anywho. I ended up owing since wife doesn't have SSN and read that better to just file and amend when she does get SSN. So my question is since I owe my tax transcripts won't be available before we plan to send the AOS package in. Am I able to us my 1040 with supporting w2's, recent pay stubs and last 3 years of tax transcripts. Freaking out a bit since nothing has really gone right with anything lately

[Matisyahu 8]

Just send them as it is. You might get an RFE, but hopefully by then you might get your transcripts. If you are in a hurry(You are married on K1 already), find a joint sponsor.

[Beefheart 31]

Not entirely sure, but I think the 1040 is no good as the info contained therein is what you've filed, not what the IRS has stated. Essentially, there's no way to prove that your AGI is what you claim it to be.

Also, I think USCIS only care about your earnings for the most recent tax year. While it doesn't hurt to include past years' AGIs, they only care about you having met the threshold for the most recent tax year.

[ThisguyJerry 2]

16 minutes ago, Matisyahu said:

Just send them as it is. You might get an RFE, but hopefully by then you might get your transcripts. If you are in a hurry(You are married on K1 already), find a joint sponsor.

Not sure why I would use a joint sponser when I make well above the poverty limit. 

 

From my understanding. The uscis instructions even say you can use federal individual income tax return. Is that not the same as a 1040 you get after you've filed?  

 

 

[Matisyahu 8]

By return they mean a 'tax return transcript'.

[cyanmavi 101]

You are referring to your wife but your timeline and signature indicates you are applying for a K-1 fiance visa?

Were you married last year (2016), for which you are doing your taxes? If you are getting married this year, her SSN is not relevant.

@Matisyahu mentioned joint sponsor because you said you may not be able to send in tax return information for your income and that means no matter how much you make, you are not able to prove it to USCIS, and thus having a joint sponsor would prevent any RFEs questioning your sponsorship, slowing the case down.

You need W-2s, employment letter, recent pay stubs, not just 1040. Tax return transcripts are the best because they have all the information the USCIS needs directly provided by IRS.

Edited May 10, 2017 by cyanmavi

[Suss&Camm 2,213]

22 hours ago, Matisyahu said:

By return they mean a 'tax return transcript'.

A tax return is not the same as a transcript and not what they mean by return. 

The OP needs either a complete return which is 1040 plus all w2, 1099 etc that went with the filing of the 1040. A transcript is just that, a transcript from the IRS that states all the info of the complete return, without having to provide each separate item. Either is acceptable evidence.

[Suss&Camm 2,213]

23 hours ago, Beefheart said:

Not entirely sure, but I think the 1040 is no good as the info contained therein is what you've filed, not what the IRS has stated. Essentially, there's no way to prove that your AGI is what you claim it to be.

Also, I think USCIS only care about your earnings for the most recent tax year. While it doesn't hurt to include past years' AGIs, they only care about you having met the threshold for the most recent tax year.

This is right. If sending only the 1040, that is a incomplete return and will result in an rfe. OP, transcripts can be ordered from irs website.

[Suss&Camm 2,213]

1 hour ago, cyanmavi said:

You are referring to your wife but your timeline and signature indicates you are applying for a K-1 fiance visa?

Were you married last year (2016), for which you are doing your taxes? If you are getting married this year, her SSN is not relevant.

@Matisyahu mentioned joint sponsor because you said you may not be able to send in tax return information for your income and that means no matter how much you make, you are not able to prove it to USCIS, and thus having a joint sponsor would prevent any RFEs questioning your sponsorship, slowing the case down.

You need W-2s, employment letter, recent pay stubs, not just 1040. Tax return transcripts are the best because they have all the information the USCIS needs directly provided by IRS.

There are 2 things here. 

1. is providing evidence that you have filed taxes for the last three years. (Complete return or transcript of most recent year is required, information on the prior two years by filling in the income is enough 19a-c on the i864)

2. is showing evidence of current annual income. If most recent return doesn't show the income being claimed as current annual income then the additional employment letter, paystubs, bank letter will be more important, but it must still always be provided. It is not to be confused with the evidence for filing taxes however.

 

Edited May 10, 2017 by Suss&Camm