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Form I-864 supporting documents clarification

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  • Form I-864 supporting documents clarification

    Hello members, I have a quick question. The instruction given on the USCIS website regarding supporting documents for the form I-864 (Affidavit of Support), is as follows:

    "A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify."

    Does this mean I need to submit all the items listed above? I have the last three years of IRS transcripts and the last 6 months pay stubs, do I still need W-2s, 1099, etc.?




  • #2
    As I understand it, a complete IRS tax transcript for each of the years is sufficient.
    USC married to a Canadian on TN status in San Francisco

    06/03/20 - Sent I-485, I-130, I-131, I-765 via Priority Mail
    06/05/20 - Receipt Date
    06/18/20 - Check was cashed
    06/18/20 - Text messages with case numbers (~9:30pm Pacific)
    06/22/20 - Notice of Receipts via mail
    07/06/20 - I-693 Courtesy Letter
    08/17/20 - Biometrics Appt Notice for 8/24
    08/28/20 - Case is Ready to Be Scheduled for An Interview!
    10/14/20 - I-765 and I-131 approved
    10/19/20 - EAD/AP issued
    12/01/21 - EAD/AP renewed

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    • #3
      Thank you

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      • #4
        No, Just the transcripts are not enough, thats why the clearly ask for W2 and 1099. What you report to IRS could be different than what you actually make thats why they want to see the actual pay st stubs and, W2 and 1099. If you decide to use the income for the last 3 years you might send W-2s, 1099, etc for the most recent year only and tax transcripts for the other 2 years!

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        • #5
          Originally posted by SmithB View Post
          No, Just the transcripts are not enough, thats why the clearly ask for W2 and 1099.
          This is incorrect. If you provide the tax return transcript, you do not need to provide W2s or 1099s, unless you are filing jointly and you are only counting your individual income. From the I-864 instructions:
          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 my personal opinion and is not to be construed as legal advice.

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          • #6
            Originally posted by newacct View Post

            This is incorrect. If you provide the tax return transcript, you do not need to provide W2s or 1099s, unless you are filing jointly and you are only counting your individual income. From the I-864 instructions:
            Thank you newacct for that reassurance, that previous post about the transcripts not being enough sent me into a tailspin. Thank you all for the responses, I really appreciate it.

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