AOS Form I-864 Proof of Income Questions

[CitizenY 5]

Hello guys,

 

Hoping that you're doing well. Can you please help me with some doubts that I have regarding Form I-864 ?

I am a LPR who entered the country end of December 2019. I have filled and paid taxes for the years 2020, 2021.

2020 filed single because I was not married.

2021 filed single because I was not married.

Got married in July 2021, petitioned for my wife on September 2021

I-130 approved in Feb 2023, NVC  sent welcome email Feb 2023.

 

2022 taxes filed married filling jointly by applying for ITIN for my spouse using Form W7.

And this usually takes longer, usually 7 weeks as per the IRS, that's almost 2 months.

I filed the 2022 taxes on 31 Jan 2023, so I'm guessing the processing will be done by end of March.

 

I can currently provide the tax return transcripts for 2020, 2021, and pay stubs and a proof of employment document. 

My question is, should I wait for this tax return to be process before I submit the AOS ?

 

Another doubt I have is, I thought tax return transcripts were better than income tax returns, because they encompass everything and with tax return transcripts you don't need to add accompanying W2 or 1099.

 

But the instruction for Form I-864 says 

 

Quote

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

 

That is confusing me, should I submit Tax Return Transcripts or simple Tax Returns ??

Any input will be appreciated. Thanks 🙏

 

 

 

[Crazy Cat 41,599]

24 minutes ago, CitizenY said:

That is confusing me, should I submit Tax Return Transcripts or simple Tax Returns ??

You can submit EITHER a copy of your transcript or a complete copy of your tax return package.  It's your choice.  Personally, I would send whichever is available now.

 

Form I-864, Affidavit of Support Under Section 213A of the INA (uscis.gov)

"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 believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years. You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable.

[CitizenY 5]

13 minutes ago, Crazy Cat said:

You can submit EITHER a copy of your transcript or a complete copy of your tax return package.  It's your choice.  Personally, I would send whichever is available now.

 

Form I-864, Affidavit of Support Under Section 213A of the INA (uscis.gov)

"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 believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years. You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable.

Got it.

Should I wait for the 2022 Tax Return ?

[Crazy Cat 41,599]

Just now, CitizenY said:

Got it.

Should I wait for the 2022 Tax Return ?

If you have sent your 2022 tax return to the IRS, there is no need to wait.  Just submit a copy of what you filed. 

[CitizenY 5]

2 minutes ago, Crazy Cat said:

If you have sent your 2022 tax return to the IRS, there is no need to wait.  Just submit a copy of what you filed. 

Oh yeah, makes sense. 
So I’ll submit tax return transcripts for 2020, 2021

and and “simple” tax return for 2022. Along with all the relevant W2s, 1099, pay stubs and letter of employment.

[Crazy Cat 41,599]

2 minutes ago, CitizenY said:

Oh yeah, makes sense. 
So I’ll submit tax return transcripts for 2020, 2021

and and “simple” tax return for 2022. Along with all the relevant W2s, 1099, pay stubs and letter of employment.

Yes.

[Dashinka 24,372]

Just curious, you said you got married in 2021, but filed single.  Was that a typo?

[CitizenY 5]

23 minutes ago, Dashinka said:

Just curious, you said you got married in 2021, but filed single.  Was that a typo?

No no, I married in July 2021 but filed the 2021 taxes probably 2 months before that.

[Dashinka 24,372]

2 minutes ago, CitizenY said:

No no, I married in July 2021 but filed the 2021 taxes probably 2 months before that.

Ok, I am more confused.  Were you filing taxes quarterly?  You said you filed 2021 taxes as single, but you married in 2021, did you mean your 2020 taxes?  So if not filing quarterly, your 2021 taxes should have shown that you married when you filed them in early 2022.  It might just be a typo.

 

 

[CitizenY 5]

6 minutes ago, Dashinka said:

Ok, I am more confused.  Were you filing taxes quarterly?  You said you filed 2021 taxes as single, but you married in 2021, did you mean your 2020 taxes?  So if not filing quarterly, your 2021 taxes should have shown that you married when you filed them in early 2022.  It might just be a typo.

 

 

You're right, I might have done a mistake while filling the 2021 taxes 😲

Because I supposed the 2021 taxes were filed sometimes in 2022 right ?

Whoah, is that going to be an issue ? 

[Dashinka 24,372]

23 minutes ago, CitizenY said:

You're right, I might have done a mistake while filling the 2021 taxes 😲

Because I supposed the 2021 taxes were filed sometimes in 2022 right ?

Whoah, is that going to be an issue ? 

Could be.  I am not a tax expert, but I think you could amend the 2021 taxes.

 

[CitizenY 5]

8 minutes ago, Dashinka said:

Could be.  I am not a tax expert, but I think you could amend the 2021 taxes.

 

Oh man, I told the HR Block tax preparer that I was married, and she said because my wife does not have a SSN yet we couldn't file married so I had to file single pfff.

 

I'm definitely going to amend this, but now I wonder if I should do that before submitting the AOS. 

[Dashinka 24,372]

32 minutes ago, CitizenY said:

Oh man, I told the HR Block tax preparer that I was married, and she said because my wife does not have a SSN yet we couldn't file married so I had to file single pfff.

 

I'm definitely going to amend this, but now I wonder if I should do that before submitting the AOS. 

Maybe @Mike Ewill weigh in.

[Mike E 11,739]

25 minutes ago, Dashinka said:

Maybe @Mike Ewill weigh in.

Sure 

 

58 minutes ago, CitizenY said:

 

I'm definitely going to amend this, but now I wonder if I should do that before submitting the AOS

I would, but I use TurboTax and amending  a tax return is easy with that service. 

[beloved_dingo 1,976]

4 hours ago, CitizenY said:

Oh man, I told the HR Block tax preparer that I was married, and she said because my wife does not have a SSN yet we couldn't file married so I had to file single pfff.

 

I'm definitely going to amend this, but now I wonder if I should do that before submitting the AOS. 

HR Block preparers usually have very little training. This is a perfect example. If you are married during the tax year, you cannot file as single. If you are married at any point during the year, you are considered married for the entire year for tax purposes (even if the marriage occurred on December 30th). The tax preparer SHOULD have either suggested that you a) apply for an ITIN for your foreign spouse with the tax forms or b) filed "Married Filing Separately" (which can then be amended to Married Filing Jointly at a later date after the spouse's SSN is acquired).