Can I use 2022 income in I864 yet?

[singlet 0]

Hi all,

This time of the year is little bit tricky to deal with since it is offically 2023, but the 2022 tax return have not started yet, thus no tax transcript can be obtained from 2022 yet. However, seems W2s will arrive soon.

My case is that my 2021 income is little bit below the requirment, I am wondering if I should

1.  add my benficary's F-1 RA income(which may add some trouble according to some DP), or
2.  just wait few day and include W2s income, and wait for the RFE
3. wait a month, or so, till I got 2022 tax transcript, submit 

According to instruction of i864 of Federal Income Tax Return Information :

Quote

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.

Would a IRS-unprocess tax document qualify as Federal individual income tax return?

edit: just realize this post might be in the wrong section, not sure how to move it into the right one

Many Thanks!

Edited January 10, 2023 by singlet

[Crazy Cat 41,811]

Most recent tax year is 2021. That will be the case until April 15th, 2023.

Edited January 10, 2023 by Crazy Cat

[singlet 0]

11 minutes ago, Crazy Cat said:

Most recent tax year is 2021. That will be the case until April 15th, 2023.

Thank you for pointing that out! Now my options are:

1.  add my beneficiary's F-1 RA income(which may add some trouble according to some DP), or
2.  just use 2021 tax info and wait for potential RFE, then depending on when it is, use option one or my own 2022 return

Not sure which one will be the better/faster option.

[Crazy Cat 41,811]

7 minutes ago, singlet said:

Thank you for pointing that out! Now my options are:

1.  add my beneficiary's F-1 RA income(which may add some trouble according to some DP), or
2.  just use 2021 tax info and wait for potential RFE, then depending on when it is, use option one or my own 2022 return

Not sure which one will be the better/faster option.

Why would you get an RFE?  The ability to support a new immigrant is CURRENT income, not what was earned in past years.   Current income is calculated as follows:

Gross income from most recent pay period multiplied times the number of pay periods per year = current annual income

[canadien102 1]

Hopping on this too as this is very helpful to understand:

 

So one cannot file using a copy of the 2022 tax return form + W2s + employment letter + paystub to indicate 2022 income, until April 15 2023? 

 

I was originally thinking for filing in Feb, the following documents would be supplied along with I-864: 

• 2022 Tax Return Information (including 2022 IRS Tax Return Copy, 2022 W-2, Form 1099) 
• Paystubs last 6 months
• Employment letter  
• 2021 IRS Tax Return Transcript 
• 2020 IRS Tax Return Transcript 

(Posting here because OP brought up a relevant point don't know if I need to start own thread)

 

[singlet 0]

On 1/10/2023 at 3:32 PM, Crazy Cat said:

Why would you get an RFE?  The ability to support a new immigrant is CURRENT income, not what was earned in past years.   Current income is calculated as follows:

Gross income from most recent pay period multiplied times the number of pay periods per year = current annual income

Just try to pointed out I did get RFE. Looks like they did not follow their own rule.