i864 evidence

[AjT1 13]

Hello.

 

I've got a question regarding the evidence needed for the I-864 form which will be sent with the I-485 form when adjusting my status from a K1 visa holder to a green card holder.

 

My wife has her tax returns for the years 2016, 2017 and 2018 although she doesn't have any W2's as she was working and living in Japan during those years. She started her current job, in the US, one year ago and she is yet to file taxes for 2019 and she is yet to receive her W2 from her current employer, she will get this at the end of January. Although we think this is too late as we have almost everything we need to send the AOS which we want to do before the end of this week. 

 

So the evidence we are going to include with the I-864 is;

 

1. Employment letter confirming her employment, wage, length of service and salary, which is over the poverty guidelines.
2. Her most recent six months of paystubs.
3. Her 1040's from the years 2016, 2017 and 2018. Although she was living in Japan during these years so the amount of US tax paid isn't very much...
4. A letter explaining her foreign employment and subsequent lack of W2's. 

 

Is this enough? Do we need to include bank statements? We have tried getting her tax transcripts but we have to wait 15 working days for the verification code to be mailed to her so that she can use the online service. Again we feel this is too long to wait as we want to get the AOS sent ASAP but do you think it would be better to wait? 

 

Thanks in advance for any replies and assistance! 

[Ayrton 965]

13 minutes ago, AjT1 said:

Hello.

 

I've got a question regarding the evidence needed for the I-864 form which will be sent with the I-485 form when adjusting my status from a K1 visa holder to a green card holder.

 

My wife has her tax returns for the years 2016, 2017 and 2018 although she doesn't have any W2's as she was working and living in Japan during those years. She started her current job, in the US, one year ago and she is yet to file taxes for 2019 and she is yet to receive her W2 from her current employer, she will get this at the end of January. Although we think this is too late as we have almost everything we need to send the AOS which we want to do before the end of this week. 

 

So the evidence we are going to include with the I-864 is;

 

1. Employment letter confirming her employment, wage, length of service and salary, which is over the poverty guidelines.
2. Her most recent six months of paystubs.
3. Her 1040's from the years 2016, 2017 and 2018. Although she was living in Japan during these years so the amount of US tax paid isn't very much...
4. A letter explaining her foreign employment and subsequent lack of W2's. 

 

Is this enough? Do we need to include bank statements? We have tried getting her tax transcripts but we have to wait 15 working days for the verification code to be mailed to her so that she can use the online service. Again we feel this is too long to wait as we want to get the AOS sent ASAP but do you think it would be better to wait? 

 

Thanks in advance for any replies and assistance! 

Why not waiting to send the Tax Return Transcripts, so you don't need send W2, and won't be questioned about it?

Edited January 7, 2020 by Ayrton

[K1visaHopeful 2,814]

Actual tax return copies are not complete copies unless you have submitted all pages and schedules AND the earnings statements (W2s in your case). 

The work around is submitting the Return Transcript as if you submit those you only need to submit the earnings statements if those tax returns were filed as Married Filing Jointly (which would not have been her filing status if she was single then).

Order the most recent return Transcript (2018) and only submit that. Three years is OPTIONAL.

Further suggestion would be to read the I864 instructions so you understand the requirements and what documents are optional.

 

Edited January 7, 2020 by K1visaHopeful

[AjT1 13]

8 hours ago, K1visaHopeful said:

Actual tax return copies are not complete copies unless you have submitted all pages and schedules AND the earnings statements (W2s in your case). 

The work around is submitting the Return Transcript as if you submit those you only need to submit the earnings statements if those tax returns were filed as Married Filing Jointly (which would not have been her filing status if she was single then).

Order the most recent return Transcript (2018) and only submit that. Three years is OPTIONAL.

Further suggestion would be to read the I864 instructions so you understand the requirements and what documents are optional.

 

We've ordered the tax transcripts from the IRS website. They said they should be with us in up to ten calendar days. I was thinking that we might need them but I also want to get the process started... Saying that I know it's better to wait to have everything so as to avoid any RFE's. Thanks for your help!

[Ayrton 965]

2 hours ago, AjT1 said:

We've ordered the tax transcripts from the IRS website. They said they should be with us in up to ten calendar days. I was thinking that we might need them but I also want to get the process started... Saying that I know it's better to wait to have everything so as to avoid any RFE's. Thanks for your help!

Weren't you able to download as a PDF? That's what my husband did.

[AjT1 13]

6 hours ago, Ayrton said:

Weren't you able to download as a PDF? That's what my husband did.

No. My wife needed a code to login to her IRS account and they have sent that in the post. And that could take up to two weeks to arrive... You're right though as it is better to wait than risk a RFE.