Questions about form I-864

[James1223 1]

On 7/3/2023 at 6:57 PM, James1223 said:

 

Hello, thank you again for your help. I have prepared the documents with more detail and just want to double check what I have is correct.

 

Me: I-864, Proof of Assets (I have attached my bank statements from last month, 3 months ago, 6 months ago, and 1 year ago), Evidence of Income (since I am a current student in school and just working by-semester as a graduate teaching assistant, I have attached my semester-stipends from Spring 2023, Summer 2023, and Fall 2023), Tax Return Transcript for 2022

 

Dad: I-864, Proof of US Status (Biographic page on Passport), Tax Return Transcript for 2022

 

Mom: I-864A, Proof of US Status (Biographic page on Passport), W2 form, Proof of Marriage (Tax Transcript from father shows status as filing jointly, and also a hand-written letter signed by both mom and dad saying they are married)

 

I did have a few follow up questions as well - I looked through the I-864 instructions and it mentioned obtaining the tax transcripts through filling out the IRS Form 4506-T and having the IRS send the transcripts via mail. Rather than doing this, I downloaded the tax transcripts online. These are the same transcripts correct?

 

Second - I know in the previous post, I mentioned attaching my father's Schedule E. However, since I am now attaching his tax return transcript, I do not need to attach any schedules correct? The instructions for I-864 state that only if we are qualifying using his income, we would need to upload the appropriate schedules. Since my mom is filling out the I-864A, I should not need to upload the schedules.

 

Third - For I-864, is reporting the assets of the intending immigrant recommended? I know the instructions state it is optional, but I wanted to ask to see if it was really optional or not required, but highly recommended.

 

Thank you for the help

James

 

 

 

 

@pushbrkSorry for bothering you, just wanted to hear your thoughts on this.

Thank you!

 

[pushbrk 12,868]

4 hours ago, James1223 said:

@pushbrkSorry for bothering you, just wanted to hear your thoughts on this.

Thank you!

 

You have a joint sponsor and seem to have sorted out what is needed from them.  No need to declare and document the immigrant's assets.  A "Tax Return Transcript" is what it is, no matter how it is obtained.

[James1223 1]

On 7/5/2023 at 10:10 PM, pushbrk said:

You have a joint sponsor and seem to have sorted out what is needed from them.  No need to declare and document the immigrant's assets.  A "Tax Return Transcript" is what it is, no matter how it is obtained.

Hello, sorry to bother you again, but I seem to have run into a problem...

As they file under married filing jointly, I submitted my father's 2022 Tax Transcript and my mother's W2 form. On the I-864 form itself, I reported my father's income by subtracting their total amount from their joint return with the amount on my mother's W2. I just received a RFE from NVC asking "Please submit every 2022 W-2/1099 form for [FATHER'S NAME]"

 

However, I'm not sure how to proceed. As I mentioned previously, my dad owns a business with some other members in his family and his income comes from that. I looked through his tax forms and did not see a W2 or a 1099 form. I also spoke with the CPA who helps him with his taxes, and they also informed me that he does not have a W2 or 1099 form. They suggested that if I need to show some proof of individual income, I could attach his Schedule E. I also have his Schedule SE if that helps any. I do not have a Schedule C.

 

Therefore, what I was thinking would be to add three forms under my father's name:

1) Schedule E to show individual income

2) A Letter Explaining that my father is self-employed and is a business owner and does not have a W2 or 1099 form.

 

Would this be appropriate? I would also like to add that the "income" on his Schedule E is a little less (about 4,000 less) than the amount I obtained from subtracting my mom's W2 wage from their total reported income. I'm not sure if this would be a problem.

 

Thank you for your assistance,

James

 

Edited July 27, 2023 by James1223

[pushbrk 12,868]

1 hour ago, James1223 said:

Hello, sorry to bother you again, but I seem to have run into a problem...

As they file under married filing jointly, I submitted my father's 2022 Tax Transcript and my mother's W2 form. On the I-864 form itself, I reported my father's income by subtracting their total amount from their joint return with the amount on my mother's W2. I just received a RFE from NVC asking "Please submit every 2022 W-2/1099 form for [FATHER'S NAME]"

 

However, I'm not sure how to proceed. As I mentioned previously, my dad owns a business with some other members in his family and his income comes from that. I looked through his tax forms and did not see a W2 or a 1099 form. I also spoke with the CPA who helps him with his taxes, and they also informed me that he does not have a W2 or 1099 form. They suggested that if I need to show some proof of individual income, I could attach his Schedule E. I also have his Schedule SE if that helps any. I do not have a Schedule C.

 

Therefore, what I was thinking would be to add three forms under my father's name:

1) Schedule E to show individual income

2) A Letter Explaining that my father is self-employed and is a business owner and does not have a W2 or 1099 form.

 

Would this be appropriate? I would also like to add that the "income" on his Schedule E is a little less (about 4,000 less) than the amount I obtained from subtracting my mom's W2 wage from their total reported income. I'm not sure if this would be a problem.

 

Thank you for your assistance,

James

 

Sounds good to me.  Did you provide an I-864a from your mother?

[James1223 1]

7 minutes ago, pushbrk said:

Sounds good to me.  Did you provide an I-864a from your mother?

Yes, I submitted an I-864a for my mother. For her taxes, I submitted her W2 form and their joint tax transcript - but I left a comment stating that the transcript would be the same as my father's since they filed jointly.

 

For the letter - is it simply enough to state that because they are a family-owned business, they do not have a W2 or 1099? Then I would write that after speaking to their accountant, they recommended attaching the Schedule E form to show individual income. Would that be satisfactory? I was a little surprised to have to do this because I had thought the transcript would have been enough.

 

As a follow-up question, do you think it would be any safer to just upload their entire tax return along with the other schedules? I just don't want to get another RFE if possible. But I also don't want to respond to their request of a W2/1099 with a whole 40 page tax return either...

Please let me know what you think would be the best - attaching just Schedule E and a letter, attaching both Schedule E and Schedule SE alongside a letter, or attaching the whole return.

 

Sorry for all the question - I am just a little anxious about this whole thing. I thought I had double checked and uploaded all the required documentation the first time, so I'm paranoid that I will forget another document and get another RFE. Thank you for your patience and help.

Edited July 27, 2023 by James1223

[pushbrk 12,868]

2 minutes ago, James1223 said:

Yes, I submitted an I-864a for my mother. For her taxes, I submitted her W2 form and their joint tax transcript - but I left a comment stating that the transcript would be the same as my father's since they filed jointly.

 

For the letter - is it simply enough to state that because they are a family-owned business, they do not have a W2 or 1099? Then I would write that after speaking to their accountant, they recommended attaching the Schedule E form to show individual income. Would that be satisfactory? I was a little surprised to have to do this because I had thought the transcript would have been enough.

 

As a follow-up question, do you think it would be any safer to just upload their entire tax return along with the other schedules? I just don't want to get another RFE if possible. But I also don't want to respond to their request of a W2/1099 with a whole 40 page tax return either...

Please let me know what you think would be the best - attaching just Schedule E and a letter, attaching both Schedule E and Schedule SE alongside a letter, or attaching the whole return.

Attaching the whole return would be better.  Even better, have the accountant write the letter.

[James1223 1]

19 minutes ago, pushbrk said:

Attaching the whole return would be better.  Even better, have the accountant write the letter.

Okay thank you, I will reach out and see if they would be willing to do that. I appreciate your help.