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

[Villanelle 4,122]

Right. 864a is for a household member, not another joint sponsor. So dad is the only joint sponsor and mom is his household member. 

 

I have never heard of them taking biometrics from the sponsor although they reserve the right to do so. So 99.9999% odds they don't do biometrics. 

[K + M 47]

3 hours ago, Villanelle said:

Right. 864a is for a household member, not another joint sponsor. So dad is the only joint sponsor and mom is his household member. 

 

I have never heard of them taking biometrics from the sponsor although they reserve the right to do so. So 99.9999% odds they don't do biometrics. 

Alright so just as I suspected for that box that says " I am the only joint sponsor" I select that for my dad as he is only one, I thought it was that just wanted to make sure 100%, just wanted to check again that only 1 joint sponsor.  

 

Also just making sure I know its been said before but just as a go over again if using moms income with the accompanying 864a, then the current total annual income is the income of both mom+dad from joint tax return, but if sending it in now without 864a then on the form where it asks for any other household member, would leave all those spots blank, have only my dad on there and only use his income solely for current annual income, as is is income line on the joint tax return.

 

Then my other question for now is I am still a little perplexed and want to make sure it is allowed to send in the 864a in a legal and what not stand point, on the 864a it states that may only do the 864a if need to use the household members income to meet the needs.  But if my dads income is high enough is it still alright that my moms income used, would she still be allowed even if technically don't "need" her potion of the income?

[Villanelle 4,122]

If the joint tax return shows 100k and of that 51k is from Dads w2s and 49k is from moms w2s: If its only going to be Dad- On the 864 dad fills out 51k as his income leaves household members blank and the total income is #10 of 51k. He attaches his joint returns showing combined 100k however only 51k of it will be considered for the 864 and they may ask for mom to fill out the 864a later. If you are doing 864 from dad and 864a from mom- then dad lists 51k as his income, lists mom as household member with 49k and total for #10 is 100k. Joint tax return is attached as well as 864a signed by mom.So if you are only doing dad and not including the 864a for mom the income will only be dads portion of what is shown on the joint tax return. 

 

And yes, you are allowed to 'over qualify' sponsors. Even if moms income is not needed she is still allowed to fill out the 864a and make her income available for 864 purposes. 

[K + M 47]

54 minutes ago, Villanelle said:

If the joint tax return shows 100k and of that 51k is from Dads w2s and 49k is from moms w2s: If its only going to be Dad- On the 864 dad fills out 51k as his income leaves household members blank and the total income is #10 of 51k. He attaches his joint returns showing combined 100k however only 51k of it will be considered for the 864 and they may ask for mom to fill out the 864a later. If you are doing 864 from dad and 864a from mom- then dad lists 51k as his income, lists mom as household member with 49k and total for #10 is 100k. Joint tax return is attached as well as 864a signed by mom.So if you are only doing dad and not including the 864a for mom the income will only be dads portion of what is shown on the joint tax return. 

 

And yes, you are allowed to 'over qualify' sponsors. Even if moms income is not needed she is still allowed to fill out the 864a and make her income available for 864 purposes. 

Isn't it true that both the joint sponsor and the household member sign the 864a?

[K + M 47]

This post is firstly asking about exactly what I have and seeing if it is correct for I-864 then secondly asking about I-864a

 

 

 

Putting together a list of exactly the list for my joint-sponsor of the tax forms they need to get, and I think I understand it but I want to ask here and get some help from the amazing people on VJ to get the 100% correct answer.

 

Taken exactly from the I-864 instructions:

 

"A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify."

 

From this there isn't exactly a cut and dry but I understand "Tax Transcript"  but my parents wanted a more precise and clear cut list of exactly what they need to get.

 

What I have so far is:

 

1. Federal Income Tax Return

2. W-2's (3 in total, 1 for each of the last 3 tax years)

3. Form 1099 (Fairly certain about 99% that this form won't apply to my joint-sponsor situation as they don't do contracted work, please someone confirm this).

4. Tax Schedules (all from the last 3 tax years)

5. Last 6 months Pay Stubs (My sponsor said would be able to get last whole year.)

 

Also Joint-sponsor is getting Birth Certificate to prove USC.

 

With all this information would a letter of employment be needed?

 

Also for Form I-864a what exactly are the forms that are needed?   

From what I was reading on the instructions for I-864a I can just come up with Birth Certificate, and Tax Return, would the I-864a person still need W-2, Pay Stubs?  Also my parents file jointly so do I submit 2 of everything one for I-864 and another for I-864a or is just the tax information for I-864 enough since filing jointly?

 

 

If there is anything that can be added to this list please let me know, and let me know if this list is 100%.

 

Thank you so much in advance  !

 

Edited December 2, 2019 by Kerri and Myles

[payxibka 10,045]

Tax transcripts eliminate #1 to #4

 

[K + M 47]

19 minutes ago, payxibka said:

Tax transcripts eliminate #1 to #4

 

I was asking specifically because my parents said they may not be able to get the actual "tax transcript" from their tax guy but they may be getting the tax return.

 

Also I would like to ask I am a little confused on both the I-864, and the I-864a it asks for "current annual individual income" and the most recent..

 

If for example my most recent tax income lets just throw out some numbers is $50,000 where it asks for current individual annual income, would I put 50,000 as thats what I most recently reported on file for my last taxes?  so the current individual annual income and most recent tax year would be the same?

 

If not how exactly does one go about figuring out the "current" income, all I am seeming to come up logically with is W-2 or employment letter?

Edited December 2, 2019 by Kerri and Myles

[Lil bear 4,189]

13 minutes ago, Kerri and Myles said:

I was asking specifically because my parents said they may not be able to get the actual "tax transcript" from their tax guy but they may be getting the tax return.

 

Also I would like to ask I am a little confused on both the I-864, and the I-864a it asks for "current annual individual income" and the most recent..

 

If for example my most recent tax income lets just throw out some numbers is $50,000 where it asks for current individual annual income, would I put 50,000 as thats what I most recently reported on file for my last taxes?  so the current individual annual income and most recent tax year would be the same?

 

If not how exactly does one go about figuring out the "current" income, all I am seeming to come up logically with is W-2 or employment letter?

You don’t get a tax transcript from the tax agent. You get it from the IRS through the IRS website 

https://www.irs.gov/individuals/get-transcript

[payxibka 10,045]

18 minutes ago, Kerri and Myles said:

 

Also I would like to ask I am a little confused 

Yes you are 

[NikLR 13,227]

20 minutes ago, Kerri and Myles said:

I was asking specifically because my parents said they may not be able to get the actual "tax transcript" from their tax guy but they may be getting the tax return.

 

Also I would like to ask I am a little confused on both the I-864, and the I-864a it asks for "current annual individual income" and the most recent..

 

If for example my most recent tax income lets just throw out some numbers is $50,000 where it asks for current individual annual income, would I put 50,000 as thats what I most recently reported on file for my last taxes?  so the current individual annual income and most recent tax year would be the same?

 

If not how exactly does one go about figuring out the "current" income, all I am seeming to come up logically with is W-2 or employment letter?

Your current annual income is your income per pay period before taxes x number of pay periods per 12 month period.  If you get a raise, change jobs, etc.. then your yearly income may change from year to year.  

 

For example, if you work 40 hours per week and get paid every week and are paid $15/hr

you $15x40x52 = current income (31200)

Edited December 2, 2019 by NikLR

[K + M 47]

2 minutes ago, payxibka said:

Yes you are 

I would ask that you please see VJ TOS that is inappropriate, and please refrain that that conduct in the future.

 

1 minute ago, NikLR said:

Your current annual income is your income per pay period before taxes x number of pay periods per 12 month period.  If you get a raise, change jobs, etc.. then your yearly income may change from year to year.  

Yeah I understand that, but what I was asking about is the form I can send in with the Affidavit and what not that showcases the number, is it best to showcase with an employment letter or would the last 6 months of paystubs or so do justice for this?

[NikLR 13,227]

Just now, Kerri and Myles said:

I would ask that you please see VJ TOS that is inappropriate, and please refrain that that conduct in the future.

 

Yeah I understand that, but what I was asking about is the form I can send in with the Affidavit and what not that showcases the number, is it best to showcase with an employment letter or would the last 6 months of paystubs or so do justice for this?

Personally I think pay stubs are better than employer letters, since anyone can write that.  But you can do both if you want.  

[K + M 47]

1 minute ago, NikLR said:

Personally I think pay stubs are better than employer letters, since anyone can write that.  But you can do both if you want.  

Is there any chance the Joint-sponsor could be denied by just having paystubs? 

 

Also if doing I-864 and I-864a and jointly-filed taxes, does one submit 6 total tax transcripts?  3 for the joint-sponsor, and 3 for the household member?  Even though they would be duplicates?  Or would no tax information be submitted with the I-864a, just the Birth Cert, Pay Stubs/Employment Letter?

[payxibka 10,045]

7 minutes ago, Kerri and Myles said:

I would ask that you please see VJ TOS that is inappropriate, and please refrain that that conduct in the future.

 

Chapter and verse please 

[NikLR 13,227]

Just now, Kerri and Myles said:

Is there any chance the Joint-sponsor could be denied by just having paystubs? 

 

Also if doing I-864 and I-864a and jointly-filed taxes, does one submit 6 total tax transcripts?  3 for the joint-sponsor, and 3 for the household member?  Even though they would be duplicates?  Or would no tax information be submitted with the I-864a, just the Birth Cert, Pay Stubs/Employment Letter?

No because the tax return was probably a joint tax return. So it already has both of their information on it unless your parents file MFS instead of MFJ.  

Sure, there's a chance.  There's been joint sponsors who make 100k a year and the beneficiary was denied the visa for public charge.  They take in totality of circumstances from health care, to age, to primary sponsor and then finally joint sponsor.  But should you worry about that small chance? Not unless it happens. 

 

Immigration is a marathon, and while good planning can help take away the chances of failure, it's still subjective to the CO or IO.  You have to learn to let go and understand when you've done the best that you can do.