Immigration Site

Am in the process of filling out all the required forms for my I-130/I-485 petition when some questions regarding the form I-864 poped out, of which am not sure of the correcrt answer:

First is about my wife. We have recieved her tax return transcripts from the IRS but we dont know if we have to submit the original transcripts recieved from the IRS or just the copies? Do we have to submit anything with the trancript? We checked the second box on Q25 of the form.

The other thing is about the joint sponsor (required bcos my wife doesnt make enough). The joint sponsor checked the first box on Q25 of I-864 and provided me with copies of his last 3 years tax returns and W-2 forms for the 3years. But when i was going through the forms and some post here, some people say form 1099 and employment letter from his job is required?? What is form 1099? Do i need it and are copies of tax returns with the W-2 forms ok??

Thanks and any assistance will be greatly appreciated.

Can somebody please help answer the questions above.

This thread is suppose to be my first on this forum and nobody has help me answer the questions asked. Am going through this process with my wife without a lawyer. Pls i need to know what to do concerning the tax return transcript recieved from IRS. Do i need to send the original copy recieved or i need to make copies of it and send it??. Thanks in advance as i have always rely on this forum to help through this period.

First of all, you need to present some pertinent facts.

This is obviously a spousal immigration case. You are the alien spouse and your wife is the petitioner. Is your wife a USC or LPR?

You suggest that the plan is to file an I-130 and I-485 together, this indicates that she is a USC, because thats the only way you can do that. In order to file for adjustment you have to be in the U.S. however, you have not indicated if you are in the country in a valid nonimmigrant status or at least made a lawful entry or even a visa waiver admission. It is as yet unknown if you are actually eligible to file for adjustment.

Nobody on this forum is going to go and check what the question on the form says, you need to cut and paste or type it out. Also, you are talking about three forms and do not identify which form you are pulling the questions from.

Dont look to a forum first. Look at the form instructions and if you dont understand the instructions, pose your question on how to interpret the specific part of the instructions that are giving you trouble.

From the form instructions:

"You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy (of the prior tax returns from your records) is acceptable. Telefile tax records are not acceptable proof of filing"

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A form 1099 is non-direct employer income from work as an independent contractor or dividends and like things that.

Your joint sponsor obviously understood the instructions as the evidence provided is sufficient and a correct option.

Lastly, the I-864 does not have to be filed up front with the I-485 package. When you get your EAD from the I-765 form that you file with the I-485, you can get a job and include your income along hers.