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

[K + M 47]

4 minutes 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

For current income with the AOS we have sent in I have Employment Verification Letter, Paystubs indicating I make above 125% so the above mentioned is the only worry on the actual form atm that we are curious about.

[payxibka 10,045]

Why are you thinking of submitting transcripts of any kind for years you didn't file.  They are not looking for proof of non filing they are looking for a written explanation as to why.  

 

Read the instructions carefully,  interpret literally.   Do not add or subtract to what is written.  

[Cyberfx1024 7,980]

1 minute ago, Kerri and Myles said:

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?

You can fix it at the interview so don't worry to much. You making that little in income it really won't matter that you put 0. 

[K + M 47]

3 minutes ago, payxibka said:

Why are you thinking of submitting transcripts of any kind for years you didn't file.  They are not looking for proof of non filing they are looking for a written explanation as to why.  

 

Read the instructions carefully,  interpret literally.   Do not add or subtract to what is written.  

That is an amazing point, the instructions on the RFE state exactly this "Submit all supporting tax documentation (W-2's, 1099's, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.  The petitioning sponsor must submit all supporting tax documents for the most recent tax year.

 

So on the IRS website it just showcases for 2018 there is a Non-filing Verification letter, and a Wage & Income Showcasing no record of return filed, so I could just submit these forms if I am interpreting this all correctly, as to exactly what they are asking for.

[payxibka 10,045]

1 minute ago, Kerri and Myles said:

That is an amazing point, the instructions on the RFE state exactly this "Submit all supporting tax documentation (W-2's, 1099's, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.  The petitioning sponsor must submit all supporting tax documents for the most recent tax year.

 

So on the IRS website it just showcases for 2018 there is a Non-filing Verification letter, and a Wage & Income Showcasing no record of return filed, so I could just submit these forms if I am interpreting this all correctly, as to exactly what they are asking for.

And for non filing years there are no tax documents.   In your original submission what did you provide for 2018?

 

[K + M 47]

6 minutes ago, payxibka said:

And for non filing years there are no tax documents.   In your original submission what did you provide for 2018?

 

For 2018 I just provided a hand written response that I did not earn enough income in the additional information section of the form, I did not provide any IRS tax documents which I am now seeing that since I did not provide anything tax related for 2018 that this was most likely the sole reason for the RFE as this is a required document.  Submitting the tax documents for 2018 on record from the IRS, and getting a joint sponsor should fix the situation completely as I assume.

[SalishSea 17,819]

4 hours 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.

 

You don't get tax transcripts from a 'tax guy.'  You get them from irs.gov.

[K + M 47]

34 minutes ago, Jorgedig said:

You don't get tax transcripts from a 'tax guy.'  You get them from irs.gov.

Yeah I figured that out fully tonight.

 

I just wanna say thank you again to everyone that is helping, with every thread, and every scenario I am always learning more and more, I am so thankful for having this community here where I can look to for help. 

 

I was able to log into the IRS site and find all my information so now I know where to go when doing it for the co-sponsor.

[Nitas_man 3,100]

9 hours 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 

Correct

[Nitas_man 3,100]

9 hours ago, Kerri and Myles said:

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.

Correct

[K + M 47]

1 hour ago, Nitas_man said:

Correct

After reading the RFE exactly when I submit the documentation I am going to go with just submitting the tax document for the most recent tax year not the 2017 or 2016 as the RFE is only asking for the most recent tax year, not the 2nd or 3rd year. 

 

Thinking there is no sense sending in anything more than exactly what the RFE is asking for.

[Villanelle 4,122]

Ok this is your 3rd topic about 864 issues. 

https://www.visajourney.com/forums/topic/725714-exactly-what-tax-forms-for-i-864/

https://www.visajourney.com/forums/topic/725077-rfe-for-not-meeting-income-requirements-yet-i-do/

https://www.visajourney.com/forums/topic/725730-tax-transcript/?tab=comments#comment-9957549

 

The mods may merge them all together. Do not make multiple threads on the same topic. You are also struggling quite a bit with this situation so you may want to consider hiring an attny to help you if you can not figure this out. I am going to give helping you another shot here, but again if it is still too confusing for you and you do not have full confidence in what you are doing consider hiring a local attny to help you with the RFE response.

 

From whats been posted in all 3 threads you made a mistake on your initial 864 submission. You stated on it 0 income for 2017 and no return filed  when in fact you did have income and filed a return. (stop saying it was under the threshold, that doesnt matter. A return was filed, there was income on it, the amount is irrelevant). 

 

And yes, the RFE and general form instructions do not state anything about correcting info that was previously incorrect. BUT YOU NEED TO! If you see there was an error do not send it back with the same error! I understand you are concerned about sending it with different info as it would clearly not match but so what? The proper thing to do is to send in your RFE with correct info, not a repeat of incorrect info.

 

For your RFE_  you will fill out a new 864 for yourself. You will not check the box that says you filed a return for the last 3 years because you did not. You would enter 0 for '16 and '18 and attach a letter explaining you did not file as your income was below filing guidelines. You can also attach the IRS non filing letter for those years if you want- thats optional, but your letter of non filing is required. For '17 you would enter the income shown on your transcript and attach the transcript.  For '19 you would enter your income as explained and attach paystubs and if available an employment letter. You can also attach a letter explaining how you were a student and this is your first 'real full time job' now that you are done with school. You may not qualify so you are also going to include a co-sponsor.

 

Dad is the co-sponsor and mom is his household member. Dad will fill out the 864 and mom the 864a. They both need to include proof of USC (birth certificates or passports) and to be safe go ahead and include 2 copies of their transcript (one for each of them even though its a joint filing). One copy is usually fine but whats the big deal to include 2? Also include paystubs. If they have employment letters you can attach them but if they dont its OK. 

 

 

 

 

[K + M 47]

1 hour ago, Villanelle said:

Ok this is your 3rd topic about 864 issues. 

https://www.visajourney.com/forums/topic/725714-exactly-what-tax-forms-for-i-864/

https://www.visajourney.com/forums/topic/725077-rfe-for-not-meeting-income-requirements-yet-i-do/

https://www.visajourney.com/forums/topic/725730-tax-transcript/?tab=comments#comment-9957549

 

The mods may merge them all together. Do not make multiple threads on the same topic. You are also struggling quite a bit with this situation so you may want to consider hiring an attny to help you if you can not figure this out. I am going to give helping you another shot here, but again if it is still too confusing for you and you do not have full confidence in what you are doing consider hiring a local attny to help you with the RFE response.

 

From whats been posted in all 3 threads you made a mistake on your initial 864 submission. You stated on it 0 income for 2017 and no return filed  when in fact you did have income and filed a return. (stop saying it was under the threshold, that doesnt matter. A return was filed, there was income on it, the amount is irrelevant). 

 

And yes, the RFE and general form instructions do not state anything about correcting info that was previously incorrect. BUT YOU NEED TO! If you see there was an error do not send it back with the same error! I understand you are concerned about sending it with different info as it would clearly not match but so what? The proper thing to do is to send in your RFE with correct info, not a repeat of incorrect info.

 

For your RFE_  you will fill out a new 864 for yourself. You will not check the box that says you filed a return for the last 3 years because you did not. You would enter 0 for '16 and '18 and attach a letter explaining you did not file as your income was below filing guidelines. You can also attach the IRS non filing letter for those years if you want- thats optional, but your letter of non filing is required. For '17 you would enter the income shown on your transcript and attach the transcript.  For '19 you would enter your income as explained and attach paystubs and if available an employment letter. You can also attach a letter explaining how you were a student and this is your first 'real full time job' now that you are done with school. You may not qualify so you are also going to include a co-sponsor.

 

Dad is the co-sponsor and mom is his household member. Dad will fill out the 864 and mom the 864a. They both need to include proof of USC (birth certificates or passports) and to be safe go ahead and include 2 copies of their transcript (one for each of them even though its a joint filing). One copy is usually fine but whats the big deal to include 2? Also include paystubs. If they have employment letters you can attach them but if they dont its OK. 

 

 

 

 

Thank you so much for this all inclusive response, you are amazing, I just have a couple of questions - even tho they didn't ask for a new 864 from me in the RFE it is alright if I send in a new completed 864 for myself?  I thought that would be incorrect as they already have one for me, honestly I didnt think it was allowed to submit a whole new 864 after I have already submitted one,  but if I can send in a new corrected one I will do that 100%

 

My next question is that if I am not able to obtain employment letters for mom/dad is it alright to get paystubs and 'estimate' their current annual income?  

 

Also my mom has a new job and does not have 6 months of paystubs as they ask for, so what would be the ideal situation for her to prove current annual income?  Just give the paystubs she has?

 

Also in the initial I forgot to submit proof of my USC - Birth Certificate, so I most likely should also include that aswell correct?

Edited December 2, 2019 by Kerri and Myles

[K + M 47]

Also if I am thinking correctly wouldn't it be better to place N/A for '16 and '18 instead of $0, and the IRS letters of Non-filing for each year showcasing why N/A?  Or zero?  

[Unlockable 7,314]

*** Multiple threads of the same topic merged. Please do not make more than one thread about the same topic.

 

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