W2 needed for i864a (joint filing, spouse of joint sponsor)? (Merged threads)

[Dashinka 24,491]

1 hour ago, mapi said:

Yes, that's clearly stated: MFJ

Like I said we're only using joint sponsor individual income, since that is sufficcient. I am only filing i864a to make sure CO is satisfied with spouse's consent

Hence, my thought is that the W2 for the spouse is not going to add anything, since the joint sponsor Tax Return + W2 + paystubs demonstrates sufficient income.

 

You seem to be very certain, could you point out some topics where your statement is supported? Maybe @pushbrk can say something too? Thank you.

 

The joint sponsor filling out the I864 has to provide a copy of the complete tax return or an IRS transcript (preferred by many consulates).  If that tax return is a joint return with a spouse that is also filling out an I864a, it would also include the income information of the spouse.

[mapi 21]

Alright! Thanks. I'm getting the W2 of the spouse as well.

 

Another question: my wife is the petitioner, but we do not use her foreign income obviously. Does she still need to upload three years of taxes?

Somehow 2021 taxes are not showing and it shows a letter of verification (that she has not filed). Something must have gone wrong and we just activated her ID.ME account for the first time.

2022 and 2020 are there. Since we are not using her income and putting in zero for those years, can I safely assume most recent tax year is sufficient in our case?

 

Thank you so much

Edited September 20, 2023 by mapi

[powerpuff 6,697]

Two threads merged. Please Do not create multiple threads asking related questions as that’s considered spamming and is a terms of service violation which can result in administrative action against your account. Keep ALL questions related to financials of petitioner and joint sponsor to THIS thread only.

 

VJ Moderation 

Edited September 20, 2023 by powerpuff

[powerpuff 6,697]

11 minutes ago, mapi said:

can I safely assume most recent tax year is sufficient in our case?

Per I-864 instructions, only the most recent is required. Other years are optional.

[mapi 21]

Perfect. Thanks

 

Also, do we need to translate birth/marriage certificates etc for the interview? I read on this forum and on the immigration website that if it is either in the native language (where also the interview is) or English (or both), there is no need for, but the consulate in Amsterdam clearly states in their pre-interview checklist that you must bring an English translation.

Edited September 20, 2023 by mapi

[powerpuff 6,697]

Each consulate is different, if they require them then I’d bring what they’re asking for. 

[Leo The Great 141]

5 hours ago, mapi said:

As per title.

 

The income of this spouse is not used, since i864 joint sponsor is by far over the poverty line. We have Tax Return Copies (MFJ) + W2 joint sponsor. Do we need the spouse's W2 as well?

Also, is the MFJ Tax Return Copy enough proof of their relationship, since they cannot file mfj if not married?

 

For people that don't know why I am using the i864a: officers have been asking for this to see written consent by the spouse to use a share of the household income to support the immigrant, hence I prepare for this.

My joint sponsor filed tax return with spouse (Not working). Once I submitted the I-864 from joint sponsor and tax transcript for latest tax year. NVC asked for W-2 of the joint sponsor not the spouse. Once provided the case was DQ in the next round of review.  If the joint income alone is sufficient then W-2/1099 of the joint sponsor is need to make sure the joint sponsor income is sufficient. In that case I-864A is not required from joint sponsor spouse.  Providing too many documents may not be good if not asked. 

Edited September 20, 2023 by Leo The Great

[mapi 21]

1 minute ago, Leo The Great said:

My joint sponsor filed tax return with spouse (Not working). Once I submitted the I-864 from joint sponsor and tax transcript for latest tax year. NVC asked for W-2 of the joint sponsor not the spouse. Once provided the case was DQ in the next round of review.  If the joint income alone is sufficient then W-2/1099 of the joint sponsor is need to make sure the joint sponsor income is sufficient. In that case I-864A is not required from joint sponsor spouse. 

Unfortunately there are many cases where NVC or the officer wants to see the filled in i864a by the joint spouse. Also when income of the spouse is not used.

[Leo The Great 141]

3 minutes ago, mapi said:

Unfortunately there are many cases where NVC or the officer wants to see the filled in i864a by the joint spouse. Also when income of the spouse is not used.

 

1 minute ago, Leo The Great said:

In that case you may bring I-864A from joint sponsor spouse to interview just in case they want to see. My case was DQ without any document from joint sponsor spouse

 

Edited September 20, 2023 by Leo The Great

[mapi 21]

Just now, Leo The Great said:

In that case you may bring I-864A from joint sponsor spouse to interview just in case they ask for

I will, but my point is that they might also ask for a W2. Also in your case. Consular Officer has the final decision on your case.

[Leo The Great 141]

1 minute ago, mapi said:

I will, but my point is that they might also ask for a W2. Also in your case. Consular Officer has the final decision on your case.

True  - It varies from case to case and also consulate.  It is better to be over-prepared in the interview.  

[mapi 21]

Another question on which I cannot find an answer.

 

Does the spouse of the joint sponsor need to be named on the i864 part 6 question 8 part, including that income, even when the income is not used, but the i864a is only used for consent?

[Leo The Great 141]

7 hours ago, mapi said:

Another question on which I cannot find an answer.

 

Does the spouse of the joint sponsor need to be named on the i864 part 6 question 8 part, including that income, even when the income is not used, but the i864a is only used for consent?

I would not add that income in I-864 if it is not used. You will find the answer at the top of page 6 (I-864 form) which is for "USCIS use only". If you add joint sponsor spouse income in I-864, NVC will need all tax documents from joint-sponsor spouse as this income will be used for calculation even though not needed

Edited September 20, 2023 by Leo The Great

[pushbrk 12,877]

19 hours ago, mapi said:

Yes, that's clearly stated: MFJ

Like I said we're only using joint sponsor individual income, since that is sufficcient. I am only filing i864a to make sure CO is satisfied with spouse's consent

Hence, my thought is that the W2 for the spouse is not going to add anything, since the joint sponsor Tax Return + W2 + paystubs demonstrates sufficient income.

 

You seem to be very certain, could you point out some topics where your statement is supported? Maybe @pushbrk can say something too? Thank you.

 

The I-864 instructions are clear about providing a complete tax return including W2 and 1099 forms.  That's all the supporting evidence you need.  Just follow the instructions.

[pushbrk 12,877]

15 hours ago, Leo The Great said:

My joint sponsor filed tax return with spouse (Not working). Once I submitted the I-864 from joint sponsor and tax transcript for latest tax year. NVC asked for W-2 of the joint sponsor not the spouse. Once provided the case was DQ in the next round of review.  If the joint income alone is sufficient then W-2/1099 of the joint sponsor is need to make sure the joint sponsor income is sufficient. In that case I-864A is not required from joint sponsor spouse.  Providing too many documents may not be good if not asked. 

It is always the best practice to provide an I-864a from the joint sponsors joint tax filing spouse.  OP, should disregard the above. Bad advice.