My head hurts!! I-864 supporting docs K1 to AOS. Pls confirm I got this right or not

[2022 8]

I read several threads and I'm still not sure on this. Pls older wiser members confirm I got this right.

 

K1 to AOS filing. I'm not working, no EAD, no income. Hubby did taxes this year and added me. I guess it's called joint filing? 

 

Hubby makes well above poverty guidelines so he is the sole sponsor. Works as employee for a university.

 

1)So for I-864, all we have to add is tax return transcript, his paystubs 6 months and employment letter, US citizenship proof, right? 

 

2) no need for his W2, right?

 

3) only this year tax return transcript is sufficient right? No need for 3 yrs?? I-864 Form asks to write income for 3 yrs in some section but only this year tax return transcript is sufficient, right?

 

Sorry, my head is hurting and getting super confused on this topic so plz someone break it down for me 😭 

[wildbug100420 228]

2 hours ago, 2022 said:

I read several threads and I'm still not sure on this. Pls older wiser members confirm I got this right.

 

K1 to AOS filing. I'm not working, no EAD, no income. Hubby did taxes this year and added me. I guess it's called joint filing? 

 

Hubby makes well above poverty guidelines so he is the sole sponsor. Works as employee for a university.

 

1)So for I-864, all we have to add is tax return transcript, his paystubs 6 months and employment letter, US citizenship proof, right? 

 

2) no need for his W2, right?

 

3) only this year tax return transcript is sufficient right? No need for 3 yrs?? I-864 Form asks to write income for 3 yrs in some section but only this year tax return transcript is sufficient, right?

 

Sorry, my head is hurting and getting super confused on this topic so plz someone break it down for me 😭 

You need w2 for last 3 years. File asap as you are out of status according to your timelines 

[Edward and Jaycel 1,136]

2 hours ago, wildbug100420 said:

You need w2 for last 3 years. File asap as you are out of status according to your timelines 

 

The instructions for the I-864 specifically state to NOT include the W-2 if you are submitting the Tax Return Transcript

 

4 hours ago, 2022 said:

1)So for I-864, all we have to add is tax return transcript, his paystubs 6 months and employment letter, US citizenship proof, right? 

 

2) no need for his W2, right?

 

3) only this year tax return transcript is sufficient right? No need for 3 yrs?? I-864 Form asks to write income for 3 yrs in some section but only this year tax return transcript is sufficient, right?

This is correct... You only need to include the most recent tax year's Tax Return Transcript - No W-2 if you do this. The Paystubs and employment letter are excactly what you need to include to prove current income

[2022 8]

9 hours ago, Edward and Jaycel said:

 

The instructions for the I-864 specifically state to NOT include the W-2 if you are submitting the Tax Return Transcript

 

This is correct... You only need to include the most recent tax year's Tax Return Transcript - No W-2 if you do this. The Paystubs and employment letter are excactly what you need to include to prove current income

No W2 needed with tax return transcript even if husband filed taxes as married filing jointly? This is where I'm getting confused. No consistent answer to this on visa journey and USCIS instructions are really not very clear.

[Scandi 4,251]

Always "over send" if you're confused. Send everything. 

[Edward and Jaycel 1,136]

1 hour ago, 2022 said:

No W2 needed with tax return transcript even if husband filed taxes as married filing jointly? This is where I'm getting confused. No consistent answer to this on visa journey and USCIS instructions are really not very clear.

The joint filing was adding you… the only time USCIS wants a W-2 with a tax return transcript is if married filing jointly and he is excluding the joint filer’s income in his petition

[2022 8]

1 hour ago, Edward and Jaycel said:

The joint filing was adding you… the only time USCIS wants a W-2 with a tax return transcript is if married filing jointly and he is excluding the joint filer’s income in his petition

He is excluding my income as I have no income. So pls confirm once more, his W2 needed or not to clarify to USCIS that it's only his income meeting their requirements?

[Edward and Jaycel 1,136]

16 minutes ago, 2022 said:

He is excluding my income as I have no income. So pls confirm once more, his W2 needed or not to clarify to USCIS that it's only his income meeting their requirements?

so if you have no income there is nothing to exclude… the total income on the transcript will only reflect his income