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

[K + M 47]

2 minutes ago, payxibka said:

Chapter and verse please 

Please be respectful of all members, we are all here to help each other

 

1 minute ago, NikLR said:

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. 

Yeah, its MFJ.  Wow hard to believe could be denied like that, which type of public charge is that talking?  And yeah you are totally correct, just trying to respond to this RFE with our absolute best foot forward, believe as of today its in the range of the 70ish days left to submit it, which is the scenario for this Joint sponsorship as per not submitting Verification letter of non-filing with initial I-864 with the I-485.

[K1visaHopeful 2,814]

9 minutes ago, 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?

Only most recent tax forms for each sponsor is required.

Three most recent is OPTIONAL.

See both the I864 form and I864 instructions which state that.

[NikLR 13,227]

3 minutes ago, Kerri and Myles said:

Please be respectful of all members, we are all here to help each other

 

Yeah, its MFJ.  Wow hard to believe could be denied like that, which type of public charge is that talking?  And yeah you are totally correct, just trying to respond to this RFE with our absolute best foot forward, believe as of today its in the range of the 70ish days left to submit it, which is the scenario for this Joint sponsorship as per not submitting Verification letter of non-filing with initial I-864 with the I-485.

If I remember correctly it was India consulate.

 

Also confirming that you're confused doesn't go against the TOS.   Don't get so stressed out that you lose a sense of humor.  Go back. Reread the I-864 instructions.  Reread your RFE.  Submit what's asked for. 

[K + M 47]

Just now, K1visaHopeful said:

Only most recent tax forms for each sponsor is required.

Three most recent is OPTIONAL.

See both the I864 form and I864 instructions which state that.

I understand that, from what this post said 

 

7 minutes ago, NikLR said:

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. 

has me a little puzzled as they stated just need to submit the tax forms once but you said for EACH sponsor is required, so would that mean even tho MFJ I submit the forms multiple times?  From what I have gathered at this moment its just 1 since MFJ.  And yes you are correct, I understand its what is required, but we are just trying to put our best foot forward with as much supporting evidence in our favor, so we are electing to do the last 3 years.

[K + M 47]

1 minute ago, NikLR said:

If I remember correctly it was India consulate.

 

Also confirming that you're confused doesn't go against the TOS.   Don't get so stressed out that you lose a sense of humor.  Go back. Reread the I-864 instructions.  Reread your RFE.  Submit what's asked for. 

yeah a good laugh helps sometimes, that's the issue though is that it took a while just to completely understand the RFE as we got a generic RFE that didn't exactly state what we needed, so it took a whole team of us to figure out exactly what is going on in the first place.  I have a whole other thread that has multiple pages for that so not going to explain that all here.

[K1visaHopeful 2,814]

10 minutes ago, Kerri and Myles said:

I understand that, from what this post said 

 

has me a little puzzled as they stated just need to submit the tax forms once but you said for EACH sponsor is required, so would that mean even tho MFJ I submit the forms multiple times?  From what I have gathered at this moment its just 1 since MFJ.  And yes you are correct, I understand its what is required, but we are just trying to put our best foot forward with as much supporting evidence in our favor, so we are electing to do the last 3 years.

Two seperate ppl are filing I864 and I864a.

Both form instructions state you need tax forms submitted as a requirement. Submit one and they could declare one as incomplete.

USCIS requires the required documents for each form as they are a separate filing.

 

[K + M 47]

1 minute ago, K1visaHopeful said:

Two seperate ppl are filing I864 and I864a.

Both form instructions state you need tax forms submitted as a requirement. Submit one and they could declare one as incomplete.

USCIS requires the required documents for each form as they are a separate filing.

 

Alright so I will submit 6 in total as on each 864 and 864a I will be stating that I am submitting the most recent 3 tax years with the document.  That makes sense.  

[K1visaHopeful 2,814]

2 minutes ago, Kerri and Myles said:

Alright so I will submit 6 in total as on each 864 and 864a I will be stating that I am submitting the most recent 3 tax years with the document.  That makes sense.  

Most recent is a requirement.

Three most recent is optional.

You may submit two 2018 return transcripts.

One for the person filling out I864 and one for the person filling out I864a.

And then 2 W2s if they filed as MFJ as W2s are required if MFJ.

[K + M 47]

2 minutes ago, K1visaHopeful said:

Most recent is a requirement.

Three most recent is optional.

You may submit two 2018 return transcripts.

One for the person filling out I864 and one for the person filling out I864a.

And then 2 W2s if they filed as MFJ as W2s are required if MFJ.

Alright, so I'm understanding that for

 

I-864 its:  Birth certificate - Tax Transcript most recent tax year - W-2 - last 6 months pay stubs/Employment letter

(optional) - two other most recent tax transcripts

 

I-864a:  Birth certificate - Tax Transcript most recent tax year - W-2 - last 6 months pay stubs/employment letter

(optional) - two other most recent tax transcripts 

[K + M 47]

I am checking out my information (Primary Sponsor) for the last 3 tax years and it is saying that I have a tax transcript for 2017, although it is saying that my gross income and wages were less than the needing to file taxes.  I am assuming this is because in the Spring of 2018 I returned to school for a semester and I got my tax information to financial aid to get a loan.  Would me submitting this transcript along with 2018 (Form of non-filing), and 2016 (Form of non-filing) give proof that I was not required to file taxes?  I am a little worried as I put that I did not file for the last 3 tax years on my I-864 but then there is showcasing of me having a transcript for 2017 even tho it is less than the amount needed to file taxes.

[K1visaHopeful 2,814]

7 minutes ago, Kerri and Myles said:

Alright, so I'm understanding that for

 

I-864 its:  Birth certificate - Tax Transcript most recent tax year - W-2 - last 6 months pay stubs/Employment letter

(optional) - two other most recent tax transcripts

 

I-864a:  Birth certificate - Tax Transcript most recent tax year - W-2 - last 6 months pay stubs/employment letter

(optional) - two other most recent tax transcripts 

Tax forms are a requirement.

 

EVL and 6 months are used when you are using current employment income because it's better than most recent reported tax income or if you didnt file taxes last year and now will.

 

That's when you submit them ADDITIONALLY.

And you would input current income in Part 6 Questions 7 through 19 instead of tax reported income.

The tax forms are a requirement for Part 6 Question 24a of the I864 regardless.

And then a requirement for the I864a regardless.

 

Proof of USC or LPR status is a requirement for both.

[K + M 47]

I wanted to ask here separately as I have another thread but its getting a little bit too congested, so I wanted this thread to be devoted to just this topic.

 

I was going online to get my IRS verification letters for non-filing for the last 3 tax years, which I didn't file taxes as I made less than what was required to file in each of those years.  In 2017 it is showing that I have a tax transcript, even tho when I went onto the tax transcript it is showing an earning that is less than what would be required to file on the tax transcript itself.  I went back to school in the spring of 2018, and I have to file a FAFSA for student financial aid, so would this be the reason why I have a transcript on file for that year?  

 

On the I-864 I filled out I submitted that I did not file taxes for the last 3 years as my income was too low, and I was not required to file.  I am a little worried as I am wanting to make sure I did not invalidate my I-864 in some manner, I am working on filling out a and getting a joint-sponsor as we speak.  Should I submit this tax transcript for this year that is there in 2017 even tho the income it is showing is lower than required to file?

 

Some light on this manner would be greatly appreciated, thank you so much in advance.

 

On the 864 form I selected :  "I was not required to file a federal income tax return as my income was below the IRS required level and I have attached evidence to support this"

 

Even tho there is a transcript on file for that year, wouldn't me submitting that transcript showcasing an income below the minimum required amount to file still be validating this response?  

Edited December 2, 2019 by Kerri and Myles

[K + M 47]

With this topic I just wanted to add that I submitted $0 as my income for the 2nd most recent total income even tho that I know now is not correct, although the total income amount for that year is below the minimum required amount to have to file taxes.  

 

With a joint sponsor being added on, and my IRS letter of non filing for 2018, 2016, and the tax transcript for 2016 with income lower than minimum to file, will the I-485 be able to progress through?  Basically what I am asking is that with the joint sponsor being added on will the I-485 be able to proceed?  Or does somehow this little mistake invalidate the I-485 or does the joint being added on and the documents I am submitting with mine right these?

[Cyberfx1024 7,980]

3 minutes ago, Kerri and Myles said:

With this topic I just wanted to add that I submitted $0 as my income for the 2nd most recent total income even tho that I know now is not correct, although the total income amount for that year is below the minimum required amount to have to file taxes.  

 

With a joint sponsor being added on, and my IRS letter of non filing for 2018, 2016, and the tax transcript for 2016 with income lower than minimum to file, will the I-485 be able to progress through?  Basically what I am asking is that with the joint sponsor being added on will the I-485 be able to proceed?  Or does somehow this little mistake invalidate the I-485 or does the joint being added on and the documents I am submitting with mine right these?

So are you going to making the above amount this year or no? You will still have show what you made for the previous years even though you didn't file taxes. Also it won't invalidate that response for that year so don't worry. I would be more concerned about them scrutinizing you over your income

[K + M 47]

1 minute ago, Cyberfx1024 said:

So are you going to making the above amount this year or no? You will still have show what you made for the previous years even though you didn't file taxes. Also it won't invalidate that response for that year so don't worry. I would be more concerned about them scrutinizing you over your income

yes for the current year I am making above the 125% poverty amount, and then with bringing on a joint sponsor who can solely sponsor us I don't think there should be an issue for the income.  The main thing I am worried about is that on the I-864 form that me the petitioner filled in I entered a wrong income amount of $0 because I did not recall having any tax information for 2017 as I did not make above the required minimum to file.

 

What I am wanting to know is that am I in a scenario where the I-485 is going to be auto denied even with me sending in everything I can for the RFE we have, which would be all my IRS non-filing letter, tax transcript of less than minimum wages for 2017, I-864 of joint sponsor, and I-864a for joint sponsor.  Or is this scenario of me inputting the wrong information for that one line not a big deal as I would of not been required to file anyway?