IRS Transcripts

kj2007

Registered Users (C)
Does the USCIS require IRS transcripts to corroborate tax information?

Or are photocopies of tax returns and W2 sufficient?

:confused:

Thanks.
 
You need to send the IRS tax transcripts. First time I sent photocopies and I got an RFE stating that they need more evidenceof my husband taxes. At that time I had an INFOPASS appointment and asked the IO what documents they require to support the taxes and she said the IRS tax transcripts for the last 3 years. Just call IRS and they will fax them to you right away.
 
My wife used official IRS transcripts for I-864 purposes. We used copies of tax returns for I-751 and N-400. Remember, the tax documents were serving different purposes for the I-864 versus I-751/N-400.

Does the USCIS require IRS transcripts to corroborate tax information?

Or are photocopies of tax returns and W2 sufficient?

:confused:

Thanks.
 
I'll give you a different experience, we submitted our copies of tax returns for I-864 and did not get an RFE. The instructions state you can either submit copies or IRS transcripts. If you submit copies, include copies of W-2s and copies of any and all "information returns" that you received (usu. in the mail) but did not have to file with IRS. In other words, just sending a copy of what you've submitted to IRS is not sufficient if you have received 1099s, 1098s, etc. If you're confused or want to be certain you won't receive an RFE then do submit IRS transcripts.
 
Does the USCIS require IRS transcripts to corroborate tax information?

Or are photocopies of tax returns and W2 sufficient?

:confused:

Thanks.

Tax returns do not prove that you 'actually' filed them with IRS. You could prepare the tax returns but decide not to file them.
IRS transcripts are 'actual' proof that IRS received your return and accepted it.

You have to keep in mind that the ultimate decision lies in the hands of the officer looking at your case. Just because it worked for someone doesnt mean it will work for everyone. Some officers go by the book and some dont. With USCIS, it will always a good idea to err on the side of caution.
 
I filed my I-864 with copies of my IRS transcripts for the last three years and did NOT receive an RFE. If you read the instructions on the I-864 it states you can submit *either* - so that's your answer. IRS can verify or deny if taxes are filed immediately and a transcript can also be forged/fraud.... so in my *opinion* it doesn't matter to them which they receive and depends on the officer and how suspect they think you are... if it did matter, they would ask for a single specific type. but they don't.
 
I agree with bbqchickenrobot. As with many other items you file with the government, you sign with your Affidavit that whatever tax information you provide is true and has been filed. More specifically you sign under penalty of perjury that,

Each of the Federal income tax returns submitted in support of this affidavit are true copies, or are unaltered tax transcripts, of the tax returns I filed with the U.S. Internal Revenue Service; and I authorize the Social Security Administration to release information about me in its records to the Department of State and U.S. Citizenship and Immigration Services.

So I would assume only people who'd like to go to jail would submit tax returns that they filled in but didn't file.
 
I sent the IRS transcript, pay stubs and employment letter with the form. But uscis still requested for W2 form. So you'd better to send everything.
 
for self-employed

Do they normally require anything beyond the IRS transcripts? There is a comment on the form that they may sometimes require 1099s too, but they don't specify under what circumstances. Anybody knows if this is common or just in special cases?

Thanks.
 
Do they normally require anything beyond the IRS transcripts? There is a comment on the form that they may sometimes require 1099s too, but they don't specify under what circumstances. Anybody knows if this is common or just in special cases?

Thanks.

If you can provide the IRS transcripts, then there is nothing else you need.

Aside from the employment letter and latest (3 months) paystubs.
 
1099s are usually required if you send photocopies, but not when you submit an IRS transcript. I'm sure it wouldn't hurt to submit 1099s, though, even if you don't have to.
 
further i864 questions

Many thanks for the replies.

I posted the following questions elsewhere, but since I got here poeple in the know, perhaps you can help me with these too:

1. The poverty guidelines refer to Gross Income on my C schedule or my Adjusted Gross Income on the 1040 form of my return? (self-employed)

2. Optionally my girfriend assets can also be listed -- do you know if this can help, or it's unlikely? I've been told that cash is usually not considered, but money market accounts are. Is that true?

3. I have seen references here that the I-864 requires the last 3 years of tax returns. But the instructions say only the last year and to send previous two is optional and only if I think it will help. So which is it?

Any other relevant insights/experiences always welcome.
 
1. The poverty guidelines will be compared to line 24c on I-864. (Total Household Income)

2. Cash is ok as an asset. It should be cash in a bank account. Look at No. 28, it asks for checking, savings accounts. Assets will help if your amount on 24c is lower then the required amount, specifically I think you need 3x the annual difference for petitioning for a spouse.

3. It's exactly like it says it is. Law only requires the USCIS to collect the most recent return now, but if you think it makes for a stronger case, you can send three years worth. It never hurts to send three years; it asks for the information on them anyway.
 
Many thanks again.

>The poverty guidelines will be compared to line 24c on I-864. (Total Household Income)

Yes, but what do I put on 24c? The gross income from schedule C (business income for self-employed), or the taxable income from 1040 line 10?

>Assets will help if your amount on 24c is lower then the required amount, specifically I think you need 3x the annual difference for petitioning for a spouse.

Depending on the answer to the previous question, my assets may or may not be enough (it's 5x I think). So the question is if HER assets will help then
I've been told that they don't always want to take that into consideration. Do you know if that's true?

>It never hurts to send three years; it asks for the information on them anyway.

Even if the income in previous years was considerably lower?

Best regards,
oao
 
oao, if you follow the instructions in the form, it'll guide you towards what 24c is. It's composed of your individual income, your spouses income, potentially some members from your family that file I-864A ...

Where it asks for your individual income, it would be the income that you contribute yourself (as opposed to spouse, etc.). This may be your schedule C income.

I don't believe it's true that your spouse's assets would be treated differently from yours. You have to submit evidence for assets. Here is what it says:

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

I believe the current year income is the most important. As I said, on question 25 it asks for your AGI on your most recent three years' tax returns. We submitted two years of my wife's, in the most recent year our joint AGI was comfortably above poverty level; and in the second year, her income was 10x lower than our most recent return (and also below 125% poverty level). :eek: In the third year, it was so low, she didn't have to file. :eek::eek: And we were approved.
 
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Here is where the critical difference is:

>Where it asks for your individual income, it would be the income that you contribute yourself (as opposed to spouse, etc.). This may be your schedule C income.

>As I said, on question 25 it asks for your AGI on your most recent three years' tax returns.

AGI means Adjusted Gross Income -- this is the taxable income from 1040 line 37. Schedule C has the Gross Income and Net Profit, which are normally much higher than AGI. If I am the only contributor to my income, then 24c should equal 25 and, thus, AGI, which is what I did not know. If so, the assets become critical.

Thanks.
 
Alright, I would say in your case you could use "net profit" from Schedule C - which is what you enter as Schedule C income on 1040 - for individual income. I certainly wouldn't use "Gross receipts or sales" because that's not your profit. When in doubt, conservatively pick the lower value to compare to poverty level to be safe. If you have any other proof of net profit from your business you can probably use that instead, too. I don't think gross sales would be appropriate because you could sell at a loss and still have gross sales, yet not derive any income.

There might be any number of reasons why the "individual income" you'd report could be different from what's listed on tax forms. Let's say someone invests heavily in their 401(k) which is taken out pre-tax, that shouldn't reduce their income, and they can prove it with their pay stubs. For us, we took my wife's hourly rate times 2080. :eek:

The again, where it asks for AGI, it doesn't ask at all to compare it to poverty level. I'm not even sure why they ask it. Probably, to make sure you've filed your returns, which is a separate requirement when filing I-864.
 
Agi

AGI is well-defined 1040 term and is the sum of all your income (including C net profit) net various adjustments (deductions). So it's not clear if they specifically mean AGI, or the taxable income before adjustments, as you suggest. Where the two equal, the issue is moot. Where they are not, it could result in a flag and delay. I guess where the difference is small, better use the AGI to be on the safe side.

In my case, because I work out of my home and deduce a large part of the rent as home-office deduction, there is a big difference between C gross profit and C net profit which goes on the 1040. Therefore, if I use net profit, I can't make the poverty guideline and must rely on assets. Hence my question.
 
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