Will there be delays if my parents file joint tax but only use my dad's income? [merged threads]

[Tokki 1]

Hello everyone,

 

My dad is a permanent resident and is petitioning for my brother. We are preparing to submit financial documents. Initially, we only fill out form I-864 as his income is enough, however, some people told us that since he files joint tax with my mom, our case will be delayed if we do not include her.
 

We have prepared all the W2s and explained at the last page of my dad's I-864 why the income is different from IRS tax transcript. Would this be enough to have our case go smoothly or we absolutely have to include my mom?

 

Thank you

[Tokki 1]

Hello @pushbrk

 

I apologize for bothering but I need help and it seems that you know pretty well about the whole I-864 thing. I hope you can answer some of my questions:

 

- My dad is the petitioner for my brother, he files tax with my mom but his income alone is more than 125% poverty. He filled out form I-864, in which we explained why income written in the form is different from the tax transcripts. We have his W2 from 2018 to 2020 together with most recent 6 months pay stubs attached. In this case, do we have to include my mom and have her fill I-864A?

 

- The reason we want to avoid including my mom is because the IRS messed up her name in their tax transcript. We have requested an appointment to fix that but waiting will delay the case. At the same time, we had them fix my dad's name earlier this year and somehow during that process they messed up my mom's name so I don't trust they will get it right this time either. My parents' tax preparer said it should be fine, the NVC only looks at SSN, is this true? Their 1040 has both names correct, can we use these instead of tax transcript (I know transcript is more preferred)?

[Tokki 1]

Hello,

 

My dad is the petitioner for my brother. I hope someone can help me, I have seen so many different instructions that I'm confused now.

 

1. He files joint tax with my mom but plans to use only his income since it's sufficient. Is it a MUST that my mom files i-864A? I know this is the easiest way, we try to avoid this because the IRS messed up her name (SSN still correct)  in their system, we just found out and would need time waiting for them to correct and update.

 

2. In case filing using only his income. For part 6, items 24a,b,c: Should we use their Total Income from line 9 of 1040 or just the total amount from his W2s? We will attach his W2s for explanation purpose either way.

 

3. Should I also file as joint sponsor (even though we're pretty sure my dad's income is qualified), would that affect the process?

 

Thank you very much

 

 

 

[Timona 4,207]

1. Yes. Your mom will have to do I-864A since she's jointly on the IRS transcript. I don't think separation of income on transcript is permissible as I-864 asks you to read the income from "a certain line", which is usually combined income. So he cannot separate his income. Total $$ will be combination of both. 

2. Dismissed because of 1 above

3. No

[Tokki 1]

4 hours ago, Timona said:

1. Yes. Your mom will have to do I-864A since she's jointly on the IRS transcript. I don't think separation of income on transcript is permissible as I-864 asks you to read the income from "a certain line", which is usually combined income. So he cannot separate his income. Total $$ will be combination of both. 

2. Dismissed because of 1 above

3. No

Thank you for your help.

 

Another question if you know the answer, I am thinking of getting around the name issue on their tax transcripts by using tax returns + W2s/ schedules instead. Do you know whether tax returns will extend processing time as compared tax transcripts?

[Timona 4,207]

1 hour ago, Tokki said:

Thank you for your help.

 

Another question if you know the answer, I am thinking of getting around the name issue on their tax transcripts by using tax returns + W2s/ schedules instead. Do you know whether tax returns will extend processing time as compared tax transcripts?

 

What name issue? You don't need to change anything 

You don't need W2 if you have IRS Transcripts 

[Tokki 1]

1 hour ago, Timona said:

 

What name issue? You don't need to change anything 

You don't need W2 if you have IRS Transcripts 

Long story.

 

Their tax preparer made a typo in my dad's middle name when filing their tax last year. They went to the IRS to have it fixed but for some reason now my mom's name in their Tax Transcript is complete wrong even though last 4 digits of SSN shown there are still correct. They need to make another trip to the IRS again but this will take a while.

 

This is basically the reason why I: 1) don't want to list my mom as co-sponsor and 2) don't want to use transcript, I'm afraid either case will trigger an RFE.

 

At least with the 1040 and W2, they have accurate names and SSN. I'm only worried if not submitting transcripts delays the case since it's the preferred form.

Edited September 12, 2021 by Tokki

[pushbrk 12,882]

15 hours ago, Tokki said:

Hello @pushbrk

 

I apologize for bothering but I need help and it seems that you know pretty well about the whole I-864 thing. I hope you can answer some of my questions:

 

- My dad is the petitioner for my brother, he files tax with my mom but his income alone is more than 125% poverty. He filled out form I-864, in which we explained why income written in the form is different from the tax transcripts. We have his W2 from 2018 to 2020 together with most recent 6 months pay stubs attached. In this case, do we have to include my mom and have her fill I-864A?

 

- The reason we want to avoid including my mom is because the IRS messed up her name in their tax transcript. We have requested an appointment to fix that but waiting will delay the case. At the same time, we had them fix my dad's name earlier this year and somehow during that process they messed up my mom's name so I don't trust they will get it right this time either. My parents' tax preparer said it should be fine, the NVC only looks at SSN, is this true? Their 1040 has both names correct, can we use these instead of tax transcript (I know transcript is more preferred)?

Best practice is always to include the joint filing spouse's I-864a.  Yes, you can use the 1040 instead and then take a corrected transcript to the interview once you have it.  I don't see a problem with the name issue, really.

 

You say you explained why Dad's income is different from the transcript.  His current income would be but the tax section of the I-864 should match the total income from the past returns.  Same with Mom's forms.  Enter total income from the tax returns, not the individual's income for the past years.

[Tokki 1]

4 hours ago, pushbrk said:

Best practice is always to include the joint filing spouse's I-864a.  Yes, you can use the 1040 instead and then take a corrected transcript to the interview once you have it.  I don't see a problem with the name issue, really.

 

You say you explained why Dad's income is different from the transcript.  His current income would be but the tax section of the I-864 should match the total income from the past returns.  Same with Mom's forms.  Enter total income from the tax returns, not the individual's income for the past years.

Thank you so much!

 

I will include her i-864A and use 1040 + W2s.

 

And you're right, I misunderstood the instruction. They should be the same as in tax returns.

[TBoneTX 45,284]

A related thread has been moved from another forum and merged with this one.  Please confine future discussion to this thread alone.