Potential issue with I-864 due to IRS delays

[dominykas 3]

Hi all,

 

I was wondering if anyone had any issues recently with obtaining the processed transcript for the most recent tax return? My understanding is that it is a required piece of evidence when submitting I-864.

 

In our case, tax return was filed in June 2022 by mail from the UK and it has not been processed yet. As many would know, it is near-impossible to speak to anyone who works for IRS... I am estimating that I should hear from the London embassy in just over 3 week's time with the instructions of the next steps, one of which will include filing the I-864 and it am getting increasingly worried that the delayed tax transcript will result in the delay in filing I-864.

 

Dom

[Crazy Cat 41,834]

27 minutes ago, dominykas said:

My understanding is that it is a required piece of evidence when submitting I-864.

A transcript is preferred, but not required.  You can submit a copy of your 1040 tax package. 

Edited October 17, 2022 by Crazy Cat

[dominykas 3]

3 minutes ago, Crazy Cat said:

A transcript is preferred, but not required.  You can submit a copy of your 1040 tax package. 

I was hoping for this until I came cross this document on the US Embassy in Congo website. It states that 1040 does not serve as proof of income and that a tax transcript must be submitted instead. Having said that, I'm not sure whether the same rules apply across all embassies. Maybe the embassy in London is more lenient..?

[Crazy Cat 41,834]

38 minutes ago, dominykas said:

I was hoping for this until I came cross this document on the US Embassy in Congo website. It states that 1040 does not serve as proof of income and that a tax transcript must be submitted instead. Having said that, I'm not sure whether the same rules apply across all embassies. Maybe the embassy in London is more lenient..?

That document says:

"What forms must petitioners submit? All petitioners for immediate relative and family-preference immigrant case must submit Form I-864 and a copy of their most recent U.S. federal tax return (most commonly IRS Form 1040, Form 1040EZ or an IRS Tax Return Transcript). You must submit these forms even if your income does not meet the HHS guidelines and you plan to use a joint sponsor. If you file your income tax returns jointly you must submit your W2 forms."

Edited October 17, 2022 by Crazy Cat

[Crazy Cat 41,834]

43 minutes ago, dominykas said:

I was hoping for this until I came cross this document on the US Embassy in Congo website. It states that 1040 does not serve as proof of income and that a tax transcript must be submitted instead. Having said that, I'm not sure whether the same rules apply across all embassies. Maybe the embassy in London is more lenient..?

Neither tax returns nor tax transcripts are proof of current income.  They are proof of past income and evidence that you filed taxes.

Edited October 17, 2022 by Crazy Cat

[dominykas 3]

15 minutes ago, Crazy Cat said:

That document says:

"What forms must petitioners submit? All petitioners for immediate relative and family-preference immigrant case must submit Form I-864 and a copy of their most recent U.S. federal tax return (most commonly IRS Form 1040, Form 1040EZ or an IRS Tax Return Transcript). You must submit these forms even if your income does not meet the HHS guidelines and you plan to use a joint sponsor. If you file your income tax returns jointly you must submit your W2 forms."

That's correct. Then the following paragraph says:

 

"You may also choose to submit IRS Form 1040 or 1040EZ, however, those documents do not serve as proof of income. In order to demonstrate sufficient income to meet the HHS guidelines, you must submit either an IRS Tax Return Transcript (which covers all needs for income verification purposes), or IRS Form W2s."

 

And that is why I find it confusing. Why submit it if it serves no purpose?

 

14 minutes ago, Crazy Cat said:

Neither tax returns nor tax transcripts are proof of current income.  They are proof of past income.

I'm aware of it. However, this is something that is required when submitting I-864, no? To make this a bit more confusing, what's the point of proving past income, which was earned outside of US? Petitioner has now moved back to USA where they have started a new job (hence the reasoning for the DCF application)...

Edited October 17, 2022 by dominykas
Error

[Crazy Cat 41,834]

42 minutes ago, dominykas said:

That's correct. Then the following paragraph says:

 

"You may also choose to submit IRS Form 1040 or 1040EZ, however, those documents do not serve as proof of income. In order to demonstrate sufficient income to meet the HHS guidelines, you must submit either an IRS Tax Return Transcript (which covers all needs for income verification purposes), or IRS Form W2s."

 

And that is why I find it confusing. Why submit it if it serves no purpose?

 

I'm aware of it. However, this is something that is required when submitting I-864, no? To make this a bit more confusing, what's the point of proving past income, which was earned outside of US? Petitioner has now moved back to USA where they have started a new job (hence the reasoning for the DCF application)...

You can submit either a 1040 tax return package OR a tax transcript.  That is a requirement for the I-864.  You are not submitting either a 1040 or transcript to prove income unless you are self-employed.  

Bottom line:  Along with the I-864, you can choose to submit a tax transcript or a complete 1040 package which includes W2s and/or 1099s.

 

[Wuozopo 4,293]

7 hours ago, dominykas said:

Maybe the embassy in London is more lenient..?

Definitely.
 

6 hours ago, dominykas said:

I'm aware of it. However, this is something that is required when submitting I-864, no? To make this a bit more confusing, what's the point of proving past income, which was earned outside of US? Petitioner has now moved back to USA where they have started a new job (hence the reasoning for the DCF application).

The tax return is required by immigration law even if it shows zero income, so you just include it. Bring along to your interview, an employer letter stating current salary. London loves employer letters. Also pay stubs from the new job can also be provided. 
 

 

[dominykas 3]

16 hours ago, Crazy Cat said:

You can submit either a 1040 tax return package OR a tax transcript.  That is a requirement for the I-864.  You are not submitting either a 1040 or transcript to prove income unless you are self-employed.  

Bottom line:  Along with the I-864, you can choose to submit a tax transcript or a complete 1040 package which includes W2s and/or 1099s.

 

I may be wrong here, but I'm not sure this is correct.

 

To set it straight - I am the beneficiary, not the petitioner.

 

Petitioner lived with me in the UK for the past 5 years. We have initiated the visa proceedings by submitting the I-130 with the London Embassy directly (DCF process). The "package" you're referring to includes forms such as W2s and 1099s - this is not something a petitioned would have as they have not worked in the US for the past 5 years. All we have is a 1040 form, which doesn't really prove anything. To summarise, we have tax transcripts of 2019 and 2020; 2021 transcript is pending/delayed. We also have 1040 for the aforementioned tax years. The nature of DCF application is different to a normal application - we lack some financial documents that you're referring to as petitioner has not been employed in the US until the last several weeks.

[Crazy Cat 41,834]

26 minutes ago, dominykas said:

I may be wrong here, but I'm not sure this is correct.

 

To set it straight - I am the beneficiary, not the petitioner.

 

Petitioner lived with me in the UK for the past 5 years. We have initiated the visa proceedings by submitting the I-130 with the London Embassy directly (DCF process). The "package" you're referring to includes forms such as W2s and 1099s - this is not something a petitioned would have as they have not worked in the US for the past 5 years. All we have is a 1040 form, which doesn't really prove anything. To summarise, we have tax transcripts of 2019 and 2020; 2021 transcript is pending/delayed. We also have 1040 for the aforementioned tax years. The nature of DCF application is different to a normal application - we lack some financial documents that you're referring to as petitioner has not been employed in the US until the last several weeks.

 Then just your 1040 will suffice.   As I stated, you can submit EITHER a tax transcript or a tax return.  The document that you linked says that.  You are only required to submit the MOST RECENT YEAR tax documents with the I-864.   If you want, you may submit transcripts for 2019 and 2020 along with your tax return for tax year 2021.  This is a frequent question.   You are overthinking this.

 

[SteveInBostonI130 3,432]

2 hours ago, dominykas said:

I may be wrong here, but I'm not sure this is correct.

 

To set it straight - I am the beneficiary, not the petitioner.

 

Petitioner lived with me in the UK for the past 5 years. We have initiated the visa proceedings by submitting the I-130 with the London Embassy directly (DCF process). The "package" you're referring to includes forms such as W2s and 1099s - this is not something a petitioned would have as they have not worked in the US for the past 5 years. All we have is a 1040 form, which doesn't really prove anything. To summarise, we have tax transcripts of 2019 and 2020; 2021 transcript is pending/delayed. We also have 1040 for the aforementioned tax years. The nature of DCF application is different to a normal application - we lack some financial documents that you're referring to as petitioner has not been employed in the US until the last several weeks.

 

The I-864 requirement from the petitioner is the same for all immigration.  If the petitioner has not been employed and have not submitted tax returns, they can provide an explanation for this in lieu of the tax returns/tax transcripts.  If the petitioner did file taxes, they can provide a tax transcript or provide a complete 1040 tax package.  The petitioner's current income will be evidenced by her pay from her new job, backed up by paystubs and/or employment letter.

 

EDIT:  Also, I assume the your wife's 2019, 2020 and 2021 taxes were filed as MFS?  As such, and without any employment, her tax returns should show $0 for those years. 

Edited October 18, 2022 by SteveInBostonI130

[dominykas 3]

3 hours ago, Crazy Cat said:

 Then just your 1040 will suffice.   As I stated, you can submit EITHER a tax transcript or a tax return.  The document that you linked says that.  You are only required to submit the MOST RECENT YEAR tax documents with the I-864.   If you want, you may submit transcripts for 2019 and 2020 along with your tax return for tax year 2021.  This is a frequent question.   You are overthinking this.

 

Thank you. I know I'm overthinking, but that's human nature when you're thousands of miles apart from your spouse and any minor discrepancy might appear more important than it actually is.

 

IF there were any issue with filing just the 1040 for the last year (without any other forms that we don't have) I will make an update on this thread.

[CaLi90 56]

On 10/18/2022 at 2:15 PM, dominykas said:

Thank you. I know I'm overthinking, but that's human nature when you're thousands of miles apart from your spouse and any minor discrepancy might appear more important than it actually is.

 

IF there were any issue with filing just the 1040 for the last year (without any other forms that we don't have) I will make an update on this thread.

I did my interview September 2021 in London and I handed over 1040 package, employer letter and recent pay stubs. All were fine .

 

Hopefully you get the Transcript but if not, it shouldn’t be a problem in London! Good luck for your interview!

[Wuozopo 4,293]

On 10/18/2022 at 1:15 PM, dominykas said:

Thank you. I know I'm overthinking, but that's human nature when you're thousands of miles apart from your spouse and any minor discrepancy might appear more important than it actually is.

 

IF there were any issue with filing just the 1040 for the last year (without any other forms that we don't have) I will make an update on this thread.

You do not have to provide a transcript in London. They won’t delay your immigration because the IRS is bogged down and hasn’t processed a transcript. Just drop that transcript concern right now. 
 

The instructions to Form I-864 have the rules and say—

 

Item Numbers 23.a. - 25. Federal Income Tax Return Information. You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year.  
If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. 
 

Well your spouse’s unique circumstance is that there is no W2 or 1099 that relates to his return. None, so he can’t include one and doesn’t have to. His work was in the UK. You are interviewing DCF in LONDON. They see this situation with their DCF interviews all the time. They know he won’t have a W2 and won’t expect one. What they will expect is what it says in the instructions…a photocopy from your own records of your Federal individual income tax return for the most recent tax year. 

 

It makes me nervous when people say “turn in the 1040” because people not familiar with US taxes may be confused by that. A 1040 is the name of just one form. You turn in a photocopy of your Federal Individual income tax return. In your husband’s case he would have at minimum 

• FORM 1040
• SCHEDULE 1
• FORM 2555

And maybe a Schedule B or D if you have investments. Be sure you take every form and schedule in his return to your interview. 
 

Then prove his current income is sufficient with an employer letter from his US employer stating his position and yearly salary. It can be a statement HR prints out instead of a boss writing a letter. He has already gone to the US and started a job hasn’t he?

 

 

Edit to add: you have been given very sound advice in this thread by Crazy Cat.

I think you have been too panicked to digest it yet. I mostly restated the same things he has told you. 

Edited October 20, 2022 by Wuozopo