jeffreyhy

You do not appear to be getting it - submit a complete copy of your US income tax return. It's that simple.

You say that you have a US income tax accountant? Have them give you a copy of the return, include it with the I-864.

Noorah101

Hey, I mentioned it in Post #5!

Rene

Noorah101

So you DO have a 2010 US Tax Return (see bolded quote). Just submit a copy of it. It doesn't matter which country collects the tax money...you just need to show the US tax return which indicates your income from that year.

A letter from your boss is a big plus for showing your *current* income which you will list on the I-864.

Rene

ian-mstm

You filed a 2010 US tax return. That is what they're after. It doesn't matter whether you own a chunk of the company or not... all they want is a copy of your return - just send it.

Really, you're overthinking this and making it more difficult for yourself than it needs to be. They aren't interested in knowing how the income was derived... all they want is a copy of the return.


Umm... no. The US government isn't interested in your UK return.

Ian

Faye1

Thanks for your responses and apologies if I've been unclear - you can probably guess that tax systems are not my strong point!

This whole issue around my 2010 tax return started because (as mentioned in post #1) I was contacted yesterday by the IRS asking for more information in order for them to process my 2010 return (they asked me to clarify my home office deductions).

As it stands I have a copy of the 1040 and paid the fees in July, but the IRS haven't processed it yet.

I was told by an immigration lawyer that anyone can print a 1040 and write any numbers they want on it, but without a W-2, 1099 or tax transcript its worthless as proof of past income.

It sounds like this isn't true however which is GREAT news, so I there is no need for me to wait for them to process it or use a co-sponsor.

Many thanks for your suggestions and advice with this.

S Folinsky

I should have been a tad clearer -- I was referring to the first post where OP talked about the situation of their beloved. For example, it may be possible that the petitioner may NOW have adequate income. I don't know.

By way of general comment -- it is a common error for people to conflate the income requirements with the requirement of providing the last three tax returns. It is not necessary to show three years of income above 125% of poverty level.

S Folinsky

The use of the word "worthless" strikes me as a tad strong. I know that when I was in practice, I would submit 1040's for people who had self-employment or independent income and the minions of the Dark Forces never blinked.

I was not present during your consultation with the lawyer so I don't know exactly what happened or what the paperwork shows. I know that it is not uncommon for clients to misunderstand what the lawyer meant -- it happened to me more than once. Or I would be consulted for a second opinion -- with permission of the client I would talk to the other lawyer and find out that either the client misunderstood something or there was a fact that one of us didn't know about.

BTW, that communication from IRS confirms you filed a tax return and requesting further information about the contents.

ian-mstm

Doesn't matter... you can still copy your return and send it to USCIS. They aren't going to check with the IRS to see if the IRS likes what they got from you - that's between you and the IRS, not between you and USCIS.


It sounds as though you're confusing your husband's requirement to file tax returns with your desire to demonstrate your income as a household member. They're not the same! Your past income isn't anywhere near as important as your current income - and tax returns demonstrate only past income. Your lawyer isn't necessarily wrong... but, from where I sit, either he is deliberately misleading you or you misunderstood what you heard.

Ian

Noorah101

Ian, I think you hit the nail on the head.

Faye...your husband is the USC, right? So it's really HIS tax returns that USCIS wants to see, not yours. If you guys are filing "married filing separately", then you will have separate tax returns. USCIS only asks for the USC's tax returns, not the intending immigrant's.

If you are trying to use your *current* income as a household member on your USC husband's I-864, then you only need to demonstrate your *current* income, not 2010's income.

Rene

Faye1

Rene - my husband is the USC and has very little income (under $16k as he's an MA student) so it made more sense to use my personal income on the I-864 (over $70k) as a joint sponsor.

I was assuming this meant they would need to see evidence of my past earnings by means of my returns etc

Noorah101

No. They need to see the USC's tax returns, if he has any, from the most recent 3 years. If he's using a household member's income on his I-864, they need proof of CURRENT income from that person.

To be on the safe side, you definitely can send in your own tax returns, in which case I say just print whatever you have from 2010 and send it in. Don't stress over the fact that IRS wanted something more, or that you don't have US conventional end of year statements. Just include whatever you included with the 2010 tax return and leave it at that.

Rene

Faye1

Great, will do... thanks Rene

jeffreyhy

You are not a joint sponsor! You are a household member. There's a difference.

You assume correctly. The same documentary requirements apply to a household member as to the sponsor:
- A household member must provide either a tax transcript or a complete copy of their most recent US income tax return.
- A household member may, but is not required to unless asked for it, submit evidence documenting their current income if they think it will help to establish the sustainability of their income.

Harking back to your potential joint sponsor, who had an acceptable income last year but had no income for the two years prior, and it was the same source for all three years, she may want to provide evidence that she does still have current income comparable to or greater than her last year's income. I think it will be asked for. The case officer is sure to want to know if her last year's income was a once-off given the previous two years.

Regards, JEff