Is W-2 required for I-864?

[sushiS2 8]

Hello!

I filed and sent every document yesterday for AOS including I-130, I-130A, I-485, I-864, etc.

For the I-864, we only included 3 years of tax return transcripts and our employment verification letters, and my husband's most recent paystubs.

But, I just saw some posts that if we filed the tax return jointly, we need to send W-2s as well.

We only filed jointly together for 2020 tax return, not all three years.

 

Although I also included my employment verification letter that shows wage, start date, and all the paychecks that I received from the start date,

Will I most likely receive REFs because we didn't submit W-2?

 

Thank you,

I hope everything goes well for everyone!

[Dashinka 24,505]

If you are using IRS tax transcripts you do not have to also send in W2s/1099s.  If you were using copies of the returns submitted, then you would also include the W2s/1099s.  The W2 information will already be included in the IRS tax transcripts.

 

Good Luck!

[sushiS2 8]

1 hour ago, Dashinka said:

If you are using IRS tax transcripts you do not have to also send in W2s/1099s.  If you were using copies of the returns submitted, then you would also include the W2s/1099s.  The W2 information will already be included in the IRS tax transcripts.

 

Good Luck!

We sent the IRS tax transcripts! Hopefully it works out without trouble.

 

Thank you so much for your reply!

[payxibka 10,045]

1 hour ago, armyi1020 said:

We sent the IRS tax transcripts! Hopefully it works out without trouble.

 

Thank you so much for your reply!

You followed the instructions,  there will be no trouble.   Stop worrying. 

[Ayrton 965]

9 hours ago, Dashinka said:

If you are using IRS tax transcripts you do not have to also send in W2s/1099s.  If you were using copies of the returns submitted, then you would also include the W2s/1099s.  The W2 information will already be included in the IRS tax transcripts.

 

Good Luck!

 

6 hours ago, payxibka said:

You followed the instructions,  there will be no trouble.   Stop worrying. 

 

OP didn't follow the instructions. The only exception is when the sponsor filed taxes jointly with their spouse. So the sponsor also needs to include a W2.

 

From the instructions: 

"Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income."

 

I've seen many people here on the forum getting RFEs for not sending a W2 when a the a joint return was sent.

[Ayrton 965]

9 hours ago, armyi1020 said:

Hello!

I filed and sent every document yesterday for AOS including I-130, I-130A, I-485, I-864, etc.

For the I-864, we only included 3 years of tax return transcripts and our employment verification letters, and my husband's most recent paystubs.

But, I just saw some posts that if we filed the tax return jointly, we need to send W-2s as well.

We only filed jointly together for 2020 tax return, not all three years.

 

Although I also included my employment verification letter that shows wage, start date, and all the paychecks that I received from the start date,

Will I most likely receive REFs because we didn't submit W-2?

 

Thank you,

I hope everything goes well for everyone!

The instructions clearly say that if the return sent was a joint return and you're using only your income, then you must include all the other forms that goes with the return. So yes, you might get a RFE.

[sushiS2 8]

3 minutes ago, Ayrton said:

The instructions clearly say that if the return sent was a joint return and you're using only your income, then you must include all the other forms that goes with the return. So yes, you might get a RFE.

Oh no, that’s what I was worried about.

But thank you for letting me know.

The package was already sent, so I guess I will wait for the REF and send over the required document

[SteveInBostonI130 3,454]

13 hours ago, Ayrton said:

The instructions clearly say that if the return sent was a joint return and you're using only your income, then you must include all the other forms that goes with the return. So yes, you might get a RFE.

The OP is clearly using both spouse's income.  W2's are not required in this case.

 

23 hours ago, armyi1020 said:

Hello!

I filed and sent every document yesterday for AOS including I-130, I-130A, I-485, I-864, etc.

For the I-864, we only included 3 years of tax return transcripts and our employment verification letters, and my husband's most recent paystubs.

But, I just saw some posts that if we filed the tax return jointly, we need to send W-2s as well.

We only filed jointly together for 2020 tax return, not all three years.

 

Although I also included my employment verification letter that shows wage, start date, and all the paychecks that I received from the start date,

Will I most likely receive REFs because we didn't submit W-2?

 

Thank you,

I hope everything goes well for everyone!

 

OP,  you are fine with just the tax transcripts.

[Ayrton 965]

1 hour ago, SteveInBostonI130 said:

The OP is clearly using both spouse's income.  W2's are not required in this case.

 

 

OP,  you are fine with just the tax transcripts.

OP never mentioned if the immigrant income was included in the 864, they only said they sent the documents they mentioned. That's why I highlighted the part of the instructions that says if only the sponsor income is being used, then w2 is required.

[sushiS2 8]

2 hours ago, SteveInBostonI130 said:

The OP is clearly using both spouse's income.  W2's are not required in this case.

 

 

OP,  you are fine with just the tax transcripts.

Thank you so much!

You saved my life!

35 minutes ago, Ayrton said:

OP never mentioned if the immigrant income was included in the 864, they only said they sent the documents they mentioned. That's why I highlighted the part of the instructions that says if only the sponsor income is being used, then w2 is required.

Sorry that I didn’t mention it clearly!

But yes, we are including both of our income, so I guess I will be fine. Thank you, though!

[Rocio0010 5,579]

If you filed jointly and are using only the sponsor’s income, then you need his w-2. Your income can only be counted if you’ll be working in the same job for a year. Did the employment letter mention that?

[sushiS2 8]

6 minutes ago, ra0010 said:

If you filed jointly and are using only the sponsor’s income, then you need his w-2. Your income can only be counted if you’ll be working in the same job for a year. Did the employment letter mention that?

Hello!

I am on F-1 student visa, so I've been working on campus over 2 years right now.

On my employment verification letter, it shows the start date and it also shows that I'm currently working, as well as all the paystubs that I've gotten.

I am not sure if it will be just fine with that because I know it doesn't really say I will continue working there, but I will be until my visa expires.

[Rocio0010 5,579]

17 minutes ago, armyi1020 said:

Hello!

I am on F-1 student visa, so I've been working on campus over 2 years right now.

On my employment verification letter, it shows the start date and it also shows that I'm currently working, as well as all the paystubs that I've gotten.

I am not sure if it will be just fine with that because I know it doesn't really say I will continue working there, but I will be until my visa expires.

Then I’d think that you’ll get a RFE for that

[sushiS2 8]

1 minute ago, ra0010 said:

Then I’d think that you’ll get a RFE for that

Will it be just a RFE or will all my package including AOS be rejected/returned back to me because of that?

On our I-864, We included BOTH of our income, but I didn't include the letter stating It will be continued for a year, and if I can't continue it for a complete year due to visa expiration, meaning I might have to write and send a whole new I-864 without my income in it, but only my husband's income.

So, Will everything be rejected and returned back to me?

 

Thank you so much for your advice and help.

It's my first time and we are doing everything without a lawyer or family, so It means a lot to me.

[Rocio0010 5,579]

1 minute ago, armyi1020 said:

Will it be just a RFE or will all my package including AOS be rejected/returned back to me because of that?

On our I-864, We included BOTH of our income, but I didn't include the letter stating It will be continued for a year, and if I can't continue it for a complete year due to visa expiration, meaning I might have to write and send a whole new I-864 without my income in it, but only my husband's income.

So, Will everything be rejected and returned back to me?

 

Thank you so much for your advice and help.

It's my first time and we are doing everything without a lawyer or family, so It means a lot to me.

No worries. Although mine was a different situation, I was also an F1 student doing aos. We just used my husband’s income, so that’s why it was different. But probably you’ll get a RFE. It’s not that everything will be rejected, it’s just that they sent you a RFE and won’t continue working on your case until you send them what they want.