I-864EZ - Providing last year transcript vs past 3 yrs

[Simplytex 387]

Just wondering if folks have had experience or can comment on my situation. I've been working at the same company so far in my career post college, so stability and financial means are rock solid. But, from the eyes of USCIS, is it better to provide just last years transcript, or the last 3 years. My 'concern' is that in 2019/2020, I was married to my now ex-wife (divorce started in 2020 but only finalized early 2021) and filed jointly, in 2021 I filed single, and only got married again in 2022.

 

I was looking at the I-864EZ instructions, and my three questions are in bold below:

• Part 5, Q4: Salary - I can get a salary letter from my company HR dept online. But, this letter shows base wage plus annual bonus - do I put the full amount, or only salary? (I think I do, since it's included on the salary letter?)
• Part 5, Q5a: Yes - I have filed tax returns in the last three years.
• Part 5, Q5b: Should I leave this unchecked, and not provide tax transcripts/returns for 2019/2020 when I was previously married? Just thinking I then need to provide my ex-wife's w2's and stuff from those years as well. But on the other hand, would it look strange that the numbers dropped in 2021 in the following question 6 (though, no where close to the minimum requirements.)?
• Part 5, Q6a-c: Should I enter the amounts for 2019/2020, even if not providing the transcripts? (I think I should, per instructions)

 

I'm just hoping to provide the simplest and most concise view of my finances to NVC without pulling my ex-wife's stuff. 

[Rocio0010 5,579]

4 hours ago, Simplytex said:

do I put the full amount

Full amount.

 

4 hours ago, Simplytex said:

Just thinking I then need to provide my ex-wife's w2's and stuff from those years as well.

I-864 instructions state that if you provide IRS tax return transcripts, then w2s are not needed. So I would include three years of IRS tax returns.

 

4 hours ago, Simplytex said:

Should I enter the amounts for 2019/2020, even if not providing the transcripts? 

Yes.

 

Paging @pushbrk. He'll be able to correct me if I am wrong.

[Crazy Cat 41,836]

5 hours ago, Simplytex said:

Part 5, Q4: Salary - I can get a salary letter from my company HR dept online. But, this letter shows base wage plus annual bonus - do I put the full amount, or only salary? (I think I do, since it's included on the salary letter?)

The question does not ask for your salary.  It asks for current annual income.  Annual income is calculated by latest gross income from latest pay period multiplied by number of pay periods per year.  If you can document an anticipated bonus which you will receive in the next 12 months, you can include (add) that, too.  

Edited October 14, 2022 by Crazy Cat

[Simplytex 387]

4 minutes ago, Rocio0010 said:

I-864 instructions state that if you provide IRS tax return transcripts, then w2s are not needed. So I would include three years of IRS tax returns.

This is actually tricky, as I read the I-864EZ instructions particularly around where an individual sponsor submits a transcript where they were married filing jointly:

• "If you provide a photocopy of your tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your returns rather than a photocopy unless you filed a joint tax return with your spouse." 

😒

[Rocio0010 5,579]

17 minutes ago, Simplytex said:

This is actually tricky, as I read the I-864EZ instructions particularly around where an individual sponsor submits a transcript where they were married filing jointly:

• "If you provide a photocopy of your tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your returns rather than a photocopy unless you filed a joint tax return with your spouse." 

😒

You can add a notation in the i864 that states that you were divorced as of 2021, and include the divorce decree

[Simplytex 387]

15 minutes ago, Rocio0010 said:

You can add a notation in the i864 that states that you were divorced as of 2021, and include the divorce decree

Sure, I guess I'm just wondering if this complicates things overall... I have the two options to either:

1. Go simple: just providing the required 1 yr tax transcript + current salary letter. 
2. Go all-in: current salary letter, provide 3 yrs of transcripts, all supporting W2's (including ex-wife), additional note explaining divorce time frame. 

[Rocio0010 5,579]

3 minutes ago, Simplytex said:

Sure, I guess I'm just wondering if this complicates things overall... I have the two options to either:

1. Go simple: just providing the required 1 yr tax transcript + current salary letter. 
2. Go all-in: current salary letter, provide 3 yrs of transcripts, all supporting W2's (including ex-wife), additional note explaining divorce time frame. 

Note that the instructions say that if you do provide transcripts you should not provide w2s and supporting documentation. That's what I would do, and add a letter explaining +divorce decree. Not seeing how that complicates things.

[Simplytex 387]

2 minutes ago, Rocio0010 said:

Note that the instructions say that if you do provide transcripts you should not provide w2s and supporting documentation.

As I quoted before, that's true "unless you filed a joint tax return with your spouse" (can see it on page 7.) I think they put that line in there specifically to understand that I earned enough, rather than using my ex-spouses salary and was hiding the fact on a joint tax return (again, I'm totally fine to do so, I'm just wondering if its better to keep it simple and just submit 2021 transcript instead of 3 yrs.)

[Rocio0010 5,579]

8 minutes ago, Simplytex said:

As I quoted before, that's true "unless you filed a joint tax return with your spouse" (can see it on page 7.) I think they put that line in there specifically to understand that I earned enough, rather than using my ex-spouses salary and was hiding the fact on a joint tax return (again, I'm totally fine to do so, I'm just wondering if its better to keep it simple and just submit 2021 transcript instead of 3 yrs.)

You can try to keep it simple and submit 2021 transcript as per the instructions. However, the reviewing officer has discretion to send you an RFE asking for the last three years. An RFE adds a lot of time to your case. But it's your choice.

[Simplytex 387]

Yeah, the more I think about it, I think I've generally answered my own questions - just put all the information up front (I don't think it would take much longer to gather) and then there's just less chance of RFE later... As someone who deals with a lot of paperwork, it kind of annoys me to do that since if I was on the receiving end it would seem obvious to want less 'stuff' to comb through. But I guess it's not about being 'nice' its about being 'right'!

[Troy B 223]

4 hours ago, Simplytex said:

This is actually tricky, as I read the I-864EZ instructions particularly around where an individual sponsor submits a transcript where they were married filing jointly:

• "If you provide a photocopy of your tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your returns rather than a photocopy unless you filed a joint tax return with your spouse." 

😒

that unless means if you filed jointly, you need to include the W-2 and any Form 1099 along with the IRS return transcript.

[pushbrk 12,876]

9 hours ago, Rocio0010 said:

Full amount.

 

I-864 instructions state that if you provide IRS tax return transcripts, then w2s are not needed. So I would include three years of IRS tax returns.

 

Yes.

 

Paging @pushbrk. He'll be able to correct me if I am wrong.

Pretty close with one wording exception.  First, only need information from the second and third years' tax returns.  She can provide either/or IRS Tax Return Transcripts or a complete copy of a US federal tax return including all schedules, W2's and 1099 forms.  You just called the transcript a return, I think. 😉

[Rocio0010 5,579]

59 minutes ago, pushbrk said:

Pretty close with one wording exception.  First, only need information from the second and third years' tax returns.  She can provide either/or IRS Tax Return Transcripts or a complete copy of a US federal tax return including all schedules, W2's and 1099 forms.  You just called the transcript a return, I think. 😉

The reason why I called it tax return transcript is because there are two main different types of transcripts for the IRS -tax return transcript and tax account transcript. I learned it the hard way three years ago when filing my own AOS -sent the account transcript instead of the return one

[pushbrk 12,876]

3 minutes ago, Rocio0010 said:

The reason why I called it tax return transcript is because there are two main different types of transcripts for the IRS -tax return transcript and tax account transcript. I learned it the hard way three years ago when filing my own AOS -sent the account transcript instead of the return one

I know what your were thinking, but this is what you wrote.  "Transcripts" is the missing word.  "So I would include three years of IRS tax returns."

[Rocio0010 5,579]

45 minutes ago, pushbrk said:

I know what your were thinking, but this is what you wrote.  "Transcripts" is the missing word.  "So I would include three years of IRS tax returns."

I just wanted to know if you were paying attention😂. Just kidding, thank you for correcting me!