Originally Posted by CAProgrammer

I filled a new I-864 form with the correct information and I've mailed him the file to print and sign so it will have an original signature on it.

I have "original" transcript of his tax returns from the IRS so does that mean I can use photocopies of the W-2s and not the originals?

Originally Posted by krazstir

Hi all,

There seems to be confusion about the I-864 form and tax forms.
For number 25 on the I-864 Form, it requires you to put your total income as reported on your federal tax returns (not your w-2).

The instructions also state this:

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.

If the tax return's total income is reported for a married couple filing jointly, then the I-864A form needs to be used.

Originally Posted by S Folinsky

I did not see any suggestion that the 1040 EZ was filed.

Originally Posted by jeffreyhy

It should not be necessary, no, provided that:
- The I-864 and supporting documents are clear that only your father-in-law's income is being used, and
- Your father-in-law's income alone is sufficient.

I think where many people run into trouble is that, where the I-864 asks for the sponsor's (or joint sponsor's) income as reported on tax returns, they put the joint income that was reported and not just the sponsor's (or joint sponsor's) income, and/or they don't give a clear, documented breakdown of the numbers on the tax returns to separate out the sponsor's (or joint sponsor's) portion.

As a result, it appears to the consular officer that both incomes are being used.

Regards, JEff

Originally Posted by CAProgrammer

I think my father-in-law was guilty of this. He put down the income on the tax return instead of the income from his W2. I've redone the I-864 using his actual income from his W2 instead of the joint income reported on the tax returns and I'm including copies of his W2s for the last 3 years along with copies of 6 months pay stubs from the current year.

Is it okay to give them copies or do they demand the originals for W-2s and pay stubs?

Originally Posted by petedoom

So if my wife's joint sponsor (FIL) income alone is sufficient (which it is), on the I-864 we should only disclose his income and not the joint income on the tax return, right? This is what we have done.


My FIL has tax transcripts for for the three most recent years but they were filed jointly and so only show the total joint income. Will this cause problems as the tax transcripts don't just show his income? If this is the case, should we just get photocopies of the three most recent tax returns (instead of using the tax transcripts), or do we need to amend the I-864, to include my MIL, as previously mentioned in this thread?

I'm a bit confused.

Originally Posted by jeffreyhy

The problem is, the tax returns do disclose the joint income. If the tax numbers on the I-864 do not match the numbers on the joint tax return a clear explanation for the discrepancy should have been provided.

If the consular officer officer has already decided that the other party to the joint tax return should be treated as a household member the easiest thing to do may be to provide the requested I-864A.

If the second party to the joint tax return is adamantly opposed to contributing their financial resources as a household member, then assemble documentation that shows the two party's individual incomes, prepare a clear summary of how his + hers = joint, and try to change the consular officer's mind.

Regards, JEff

Originally Posted by petedoom

I see. The numbers on the I-864 don't correlate to the numbers on the tax transcripts we have as they only show the joint amount.
Could we therefore submit photocopies of my FIL's W-2's for the three most recent years, and also my MIL's W-2's so that it would give the ConOff a clear explanation of the tax transcripts only showing joint amounts, or would the inclusion of my FIL's pay stubs for the most recent 6 months be enough?

My wife is the sponsor, FIL is the joint sponsor. We have filled out both I-864 and I-864a to be prepared for either scenario with the ConOff.

Originally Posted by petedoom

I see. The numbers on the I-864 don't correlate to the numbers on the tax transcripts we have as they only show the joint amount.
Could we therefore submit photocopies of my FIL's W-2's for the three most recent years, and also my MIL's W-2's so that it would give the ConOff a clear explanation of the tax transcripts only showing joint amounts, or would the inclusion of my FIL's pay stubs for the most recent 6 months be enough?

Originally Posted by jeffreyhy

I've already answered the first part of your question in a response to CAProgrammer.

Pray tell, how do recent paystubs explain a discrepancy in numbers reported on past tax returns?

Regards, JEff

Originally Posted by teamrandb

Having JUST had this experience on Thursday, I would say you should be prepared with what you have. They had asked for my aunts W2's which I didn't have and then asked for my aunts i864A which we didn't have. So if you have both, then you should be fine! It is THE WORST not to have all the docs you need when you think you do! I always say it is better to have too much than too little

Originally Posted by petedoom

Thanks! My interview is in a couple of weeks so we are in the throes of gathering the last pieces of evidence to support the application. In all honesty i thought we had it all covered but, before reading this thread, i had totally neglected the fact that the tax transcripts we have for the joint sponsor only show joint earnings.

Originally Posted by teamrandb

Well if we can help one other person with the problems we ran into then that i what this forum is all about. I just wish we were the ones that were forewarned! ah well, just waiting on the document coming from California then we will have it couriered to London and fingers crossed we will be approved and on our way to California on Dec 13th when our flight is booked!!!!! Good luck with your interview and if I can be of any other help, please let me know

Originally Posted by teamrandb

Hi All, so we are back from London with disappointing news! My husbands visa was not approved yesterday Of course I have been going crazy ever since.

It was a VERY long day but we were missing the I864A which my aunt needed to fill out because her and my uncle (who are joint sponsors) file their tax returns jointly.

It is all a complete blur once we were at the interview window and the lady said "there is a problem with your paperwork!". We are working now on getting the form completed in California, shipped to us in the UK and then we need to courier it down to London for review.

My questions is for those that went through the interview process and were approved:

- Did they take all 3 of your photos? We only gave 2 photos at the first window but never gave another photo and I am worried that is a problem

- After submitting your own I864 with your US tax returns, were you asked to prove more domincile. I brought SO much stuff to prove domincie in the US and was asked for none of it.

- Has anyone else had this happen and do you know once the embassy gets the paperwork back, how long it takes to get approved.

- If the blue paper only says we are missing this form, is that all we are missing, or could they come back and say we are still missing more?

Any help, advice, suggestions, supporting evidence anyone can provide I would more than appreciate. I am an absolute stress ball over here as my UK spousal visa expires on Dec 16th and we have flights booked for Dec 13th. I definitely do not want to leave with out my husband and I am not sure how far this pushed us back.

HELP!!!!!!!!!! (and thank you in advance for your help)