Using a previous marriage tax transcript to sponsor current spouse

[eliottreid 27]

Hello,

 

Asking for a friend, he is married to his current spouse and wants to sponsor her for the green card. When I did my stuff, I had to give tax transcripts, except his tax transcripts have his ex wife there since they filed jointly. What’s the solution? 
 

thank you 

[Edward and Jaycel 921]

Where normally USCIS does not want W-2s or 1099s included if you are submitting a Tax Return Transcript, in this case since he would only want his income included for the I-864, he would include his W-2s/1099s along with the Tax Return Transcript and only report his income in the item on the form where it asks for the income from the tax year being reported. From the instructions for the I-864:

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. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

[SalishSea 18,286]

Wow, so he didn’t even allow enough time between marriages to file single?

[pushbrk 13,267]

3 hours ago, Edward and Jaycel said:

Where normally USCIS does not want W-2s or 1099s included if you are submitting a Tax Return Transcript, in this case since he would only want his income included for the I-864, he would include his W-2s/1099s along with the Tax Return Transcript and only report his income in the item on the form where it asks for the income from the tax year being reported. From the instructions for the I-864:

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. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

This is a visa case, (I presume since it's posted in a visa forum) so USCIS won't see or deal with the affidavit of support.  You are correct as to recommending a tax return transcript but incorrect as to how to complete the affidavit.  The total income from the three tax returns gets entered in the tax section, even if it's combined income.  This is very straight forward.  What you quoted above is about what to submit, not how to complete the form.  If this person is self employed, it's a bit more complicated, but assuming they are employed, they will state only their own current income where they are asked what their own current income is "that they are using to qualify....".  If the person is self employed, say so, and I'll provide the necessary information.

 

NVC and Consular Officers deal with affidavits of support in visa cases, not USCIS.

 

I just want to add, that "asking for a friend" noble as it is, is a bad idea overall.  There is no "solution" to this situation.  No timeline is given.  If the "friend" hasn't filed the petition yet, then they'll file another tax return as married filing separately before the affidavit of support is even needed.

Edited 8 hours ago by pushbrk

[Edward and Jaycel 921]

1 minute ago, pushbrk said:

This is a visa case, (I presume since it's posted in a visa forum) so USCIS won't see or deal with the affidavit of support.  You are correct as to recommending a tax return transcript but incorrect as to how to complete the affidavit.  The total income from the three tax returns gets entered in the tax section, even if it's combined income.  This is very straight forward.  What you quoted above is about what to submit, not how to complete the form.  If this person is self employed, it's a bit more complicated, but assuming they are employed, they will state only their own current income where they are asked what their own current income is "that they are using to qualify....".  If the person is self employed, say so, and I'll provide the necessary information.

 

NVC and Consular Officers deal with affidavits of support in visa cases, not USCIS.

 

Thank you for the correction! That makes sense... The total income is the total income for the return regardless and the sponsor's "current individual annual income" is their own. Appreciate you educating us on that!  

[pushbrk 13,267]

1 minute ago, Edward and Jaycel said:

 

Thank you for the correction! That makes sense... The total income is the total income for the return regardless and the sponsor's "current individual annual income" is their own. Appreciate you educating us on that!  

You're welcome.  These situations are the inspiration for the anonymous quote in my signature.