Exactly what Tax Forms for I-864? RFE issue (merged)

[K + M 47]

 

2 hours ago, pushbrk said:

I cannot quote chapter and verse of the instructions, but it's there.  Since they tell you to use total income and total income DOES correspond to gross income, you have your answer.  Don't bother yourself so much with "why" questions.  It will drive you crazy and waste our time.  Maybe read the anonymous quote in my signature.  Combine your reading of I-864 instructions to I-864a instructions to get a "bigger picture".

Thank you, that's exactly what I was thinking that the current annual income corresponds to taking the gross income of all the pay stubs instead of the net, and doing the correct calculations to get current annual income.  And I also agree that the why isn't all that important, and it would most likely just end up driving me crazy as there's just so many ins and outs to things.  I agree that the bigger picture is what's important.

 

9 minutes ago, Jorgedig said:

That is not correct at all.  Simply having a joint sponsor is no guarantee of an approval.

Well of course, nothing at all is a guarantee, that was just bad wording on my part, what I meant to say is something along the lines of "putting my best foot forward and giving the best response possible I can to this RFE so we get an approval"

 

I'm confident that with all the help from all you amazing people here on VJ, we can put together the best possible response to this RFE and get the approval.  I should get the W-2's tomorrow (getting them just incase I don't get all mom's paperwork), and other than that working on getting all the pay stubs in order, and birth certificate for mom, have all the paperwork I need for dad, and currently 64 days on the RFE deadline so things are coming in order very well. Think no matter what we are going to wait until after the new year to send it in because things get lost in the mail so much more with holiday mail rush and all.

Edited December 13, 2019 by Kerri and Myles

[SalishSea 17,829]

1 minute ago, Kerri and Myles said:

Well of course, nothing at all is a guarantee, that was just bad wording on my part, what I meant to say is something along the lines of "putting my best foot forward and giving the best response possible I can to this RFE so we get an approval"

That is all anyone can do when it comes to the immigration processes.

[Villanelle 4,122]

Pshbrk gave you the correct answer. As I said I was looking at the older version of the form from the VJ guide and on my phone I dont get the jpeg images displayed in the postings all the time depending on internet connection. The new numbered 24abc is the part about what is shown on the tax returns and that needs to match exactly what is on the tax returns. You need to enter the tax return income in one place and his share of the income another place. 

 

You seem like a nice guy and Id hate to say I cant help you but this thread is now at 13 pages for a basic 864 issue.I dont believe anyone can help you further...  If you are not 100% confident in your RFE response you should find a local attny to help you prepare it. I also do agree that you should send the 864a from mom even though they can accept just 864 from Dad theres a high chance they will want the 864a from mom to go along with it. 

[K + M 47]

1 hour ago, Villanelle said:

Pshbrk gave you the correct answer. As I said I was looking at the older version of the form from the VJ guide and on my phone I dont get the jpeg images displayed in the postings all the time depending on internet connection. The new numbered 24abc is the part about what is shown on the tax returns and that needs to match exactly what is on the tax returns. You need to enter the tax return income in one place and his share of the income another place. 

 

You seem like a nice guy and Id hate to say I cant help you but this thread is now at 13 pages for a basic 864 issue.I dont believe anyone can help you further...  If you are not 100% confident in your RFE response you should find a local attny to help you prepare it. I also do agree that you should send the 864a from mom even though they can accept just 864 from Dad theres a high chance they will want the 864a from mom to go along with it. 

Yes I agree as well to send in the 864a, as posted before, hopefully we can get those completely put together, thread is only as long as it is because multiple aspects were all merged because they all had the same topic, some of the thread was discussing the reasoning behind the RFE itself, other parts of the thread then discussing exactly what to put in with my part of the RFE, then another part of it is about the I-864 itself, then some about discussing the differences between what to do with MFJ and the differing scenarios. 

 

Nothing is 100% confident, I hope there was but that's why I ask the questions I do to put our best foot forward to getting this approval, and I really do hope from seeing other peoples I-864 RFE's and there same confusion around why they got RFE's when they do meet income that other people reading this thread are able to benefit from it as well, and hopefully it is helping other people out who are following along this thread and our RFE journey!

 

Everyone's help has been amazing, thank you all so much, its awesome to have a community that is so helpful as everyone here on VJ 

Edited December 13, 2019 by Kerri and Myles

[K + M 47]

I got my parents W-2's today but there's a question I have.  The top left corner of every page has a crumple in it as if the person scanned them in like they were all stapled together and the top left corner is messed up.  If I had to send in just my dads paperwork would W-2's that have this slight deficiency in the top left corner be alright?  Let me try and explain it better, just imagine having a stack of like 5 papers and you need to scan them all in and instead of separating them you kept the staple in and just scanned in that way, with that fold in the top left corner, that's exactly what it looks like so the top left where the staple fold over would be is messed up.

[K + M 47]

On 12/7/2019 at 11:57 AM, Villanelle said:

LOL I dont think you need so many letters! Many people write one exempt from filing statement that covers the years they didnt file. If you want to prepare a letter for each year you can do such but plenty of people have sent one letter covering all the years and its been fine. Then you should have another letter of explanation of changes you made (and additional docs included like more paystubs) as well as explaining your situation of having been in school and how a joint sponsor is being included if needed. 

1 question I wanted to ask about this is when stating changes that I have made in the new I-864 I am submitting such as updating the 2017 income for me, and including my 2017 tax transcript as prevoiusly I didnt, what would be a decent reason for stating so.  Do I just state something as 'in previous submission this was not included so I am including it now'?

[K + M 47]

1 hour ago, Kerri and Myles said:

1 question I wanted to ask about this is when stating changes that I have made in the new I-864 I am submitting such as updating the 2017 income for me, and including my 2017 tax transcript as prevoiusly I didnt, what would be a decent reason for stating so.  Do I just state something as 'in previous submission this was not included so I am including it now'?

Edit of the above post - finished the letters, the way we went about explaining tax tax record changes such as the income change for tax year 2017, just said along the lines of "this correctly reflects the Total Income on file for me in regards to my Tax Transcript for the Tax Year 2017", ended up writing 2 letters, 1 letter stating all tax documents being filed for the 3 tax years explaining each year in a nice organized why and what documents are in each year.

 

1 other letter explaining the change made to the I-864, and why, stating the new documents being added, new paystubs, reflected the addition of the Birth Certificate to showcase proof of USC, and stated all required tax documentation is being added and explained in detail in the tax documentation letter.  Along in this same letter explained how first full-time long-term employment out of school and as such may not fully qualify and with the possibility of this being the case we are including a joint sponsor accompanied by all required documentation.  

 

 

[K + M 47]

This post is a question in regards to W-2 forms to provide with MFJ tax transcript in regards to I-864 and I-864a

 

I am going thoroughly through the instructions for the I-864 and the I-864a and the part about what forms to include exactly with the I-864 and the I-864a has a little misleading information and I want to make sure exactly what to put with it.  I have the tax transcripts for the last 3 years, and they are MFJ of course as this thread hast stated.  I will state the instructions for this part for the I-864 and then the I-864a respectively:

 

I-864 instructions:

 

  

 

I-864a instructions:

 

 

For the I-864 instructions it specifically states "Unless you filed a joint income tax return with your spouse and are qualifying using only your income"

        - With how this wording is since I will be including both my dad as the joint-sponsor, and my mom as 'person 1' with both incomes being used to calculate current annual household income it will not be just my dads income, so these instructions would alleviate to just the tax transcripts being submitted, no W-2, and Form 1099 does not apply to my parents.

 

Now here is where these instructions get a little weird and I would love if some light can be shed on this

In the I-864a instructions it specifically states:  "Unless you filed a joint Federal income tax return with your spouse"

        -With how these instructions for the I-864a are worded no where does it state if only relying on your income or anything of the matter, it just says unless you filed a joint tax return, so since my parents are MFJ that would indicate my mom as the household member would be required to submit W-2's as well with the MFJ tax transcript?  

 

In the I-864 instructions it gives a specifical clause to not needing to submit W-2's which is only if using your sole income, so if not using and having both spouse, then yes no W-2, but for the I-864a instructions there is not any specific clauses directly stating to not have to file said W-2's, just a clause that you NEED to file W-2's which is if you filed a joint tax return, which is exactly what my dad+mom have done.  

 

So from what I am getting from this is my dad would not be required to submit W-2's and my mom would be?  

 

I greatly appreciate all clarification on this matter, thank you so much in advance.

 

[K + M 47]

Been looking around a lot, and there doesn't seem to be any exact answers to this topic on the W-2 situation  in the above post, some clarification on this would be greatly greatly appreciated.  

 

Thank you so much in advance.

 

@pushbrk  @Villanelle  

[pushbrk 12,883]

On 12/13/2019 at 5:53 PM, Kerri and Myles said:

I got my parents W-2's today but there's a question I have.  The top left corner of every page has a crumple in it as if the person scanned them in like they were all stapled together and the top left corner is messed up.  If I had to send in just my dads paperwork would W-2's that have this slight deficiency in the top left corner be alright?  Let me try and explain it better, just imagine having a stack of like 5 papers and you need to scan them all in and instead of separating them you kept the staple in and just scanned in that way, with that fold in the top left corner, that's exactly what it looks like so the top left where the staple fold over would be is messed up.

If the scans are legible and not missing any information, they are fine.

[K + M 47]

29 minutes ago, pushbrk said:

If the scans are legible and not missing any information, they are fine.

 if I submit the last 3 years of Tax Transcripts, and I am submitting I-864 for my dad and I-864a for my mom do I need to even submit the W-2's?  As the above post is stating in detail it talks about a clause to not need for Joint-sponsor if not only relying solely on their income but the instructions in the I-864a are a little misleading, so I am curious if I need to submit the W-2's if I am submitting Tax Transcripts that are MFJ.

Edited December 15, 2019 by Kerri and Myles

[pushbrk 12,883]

Just now, Kerri and Myles said:

 if I submit the last 3 years of Tax Transcripts, and I am submitting I-864 for my dad and I-864a for my mom do I need to even submit the W-2's?  As the above post is stating in detail it talks about a clause to not need for Joint-sponsor if not only relying solely on their income but the instructions in the I-864a are a little misleading, so I am curious if I need to submit the W-2's if I am submitting Tax Transcripts that are MFJ.

In practice, Consular Officers often want to see the W2's in addition to the transcripts.  Send the ones you have, if legible.  If not legible, send legible ones.

[K + M 47]

4 minutes ago, pushbrk said:

In practice, Consular Officers often want to see the W2's in addition to the transcripts.  Send the ones you have, if legible.  If not legible, send legible ones.

The issue with the W-2s are that the tax guy scanned them without taking them apart, and the pages have a fold in the top left, on one page, my dads company's name is missing, and on another my mom's first name isn't shown , but there are multiples of the W-2's, I am not 100% on reading them yet, which I will do more of, but on every single one the SSN is shown.  Should I get new ones?  Are the W-2's a requirement with MFJ and providing transcripts?  From everything I have seen if you provide the tax transcripts you don't need to provide the W-2's.

[pushbrk 12,883]

Just now, Kerri and Myles said:

The issue with the W-2s are that the tax guy scanned them without taking them apart, and the pages have a fold in the top left, on one page, my dads company's name is missing, and on another my mom's first name isn't shown , but there are multiples of the W-2's, I am not 100% on reading them yet, which I will do more of, but on every single one the SSN is shown.  Should I get new ones?  Are the W-2's a requirement with MFJ and providing transcripts?  From everything I have seen if you provide the tax transcripts you don't need to provide the W-2's.

They sound fine to me.

[K + M 47]

14 minutes ago, pushbrk said:

They sound fine to me.

What I was thinking would it be alright if I submit all these W-2's for the last 3 years of my mom & dad for this RFE, and then for the interview take in new pages without the fold in the top left showcasing all information or is this not even needed?  The exact information that is missing is that on one of them for my mom two words of the company name are missing, another one for my mom from 2018 it says "Wage and Tax Statement Copy B" - box 1 Wages - tips, other comp, Social security Wages, and Medicare wages and tips are all partially cut off, and so is some of the Employers name, but on that same page there is "Wage and Tax Statement Copy 2" which showcases the exact same information.  

 

On another one for my dad from 2016 part of the address for his corporation that he works for is missing, along with the very top left box which I am presuming says Employer Identification number?  Along with that missing the fold cuts out his first name, but his social is not missing, and this is present.

 

And there actually is one thing wrong about exactly what I said above, my moms social security number is cut off and not showing fully in one of her W-2's from 2016.  Along with this being cut off on this W-2 her employer ID number,

 

That general consensus says of things that are cut off on the forms, one or so has part of the address missing, another has employer ID number missing, and one has the social Cut off.  

 

Would I be alright to send these W-2's in with this RFE response?  

 

Edited December 15, 2019 by Kerri and Myles