If you’re helping your family members get green cards in the United States, you’ll need to deal with the important USCIS Form I-864 or Affidavit of Support. This form is a key part of the immigration process, and many sponsors find it confusing to know which federal tax documents to include. In this Form I-864 Proof of Income guide, we’ll explain how many years of tax information you need to provide and how to obtain the necessary IRS tax transcripts.
How Many Years of Tax Filing Proof to Provide Immigration Authorities
When it comes to presenting financial documents with USCIS Form I-864, sponsors have some flexibility, but not all choices are equally effective. The first decision to make is how many years’ worth of tax information to include. USCIS allows sponsors to pick between providing just one year’s tax information or up to three years’ worth.
Your decision should be strategic and based on your income history over the past three years. Here’s a helpful guideline:
- Submit Only the Latest Year’s Tax Returns
- If your income has been consistently increasing over the past three years and your current year’s earnings are significantly higher than the previous two years, there’s no need to provide anything more than your most recent year’s tax returns. This can demonstrate your ability to offer financial support without any doubt.
Include Previous Years’ Tax Returns When Necessary
However, if your income history includes a challenging year, like a period of illness or unemployment, and the tax returns from the previous two years show a more stable and higher income, it’s wise to include those as well. This additional information can help balance concerns about the recent decrease in your income.
In What Format to Provide Proof of Tax Filing to Immigration Authorities
Now that you’ve decided how many years of tax returns to include, let’s talk about the format to provide this information. While USCIS accepts copies of your tax returns, there’s a preference for tax transcripts generated by the IRS. Tax transcripts offer a higher level of authenticity and detail, which can strengthen your case.
Required Tax Documents
- IRS Tax Transcript or Tax Return
- Submit an IRS tax transcript from the most recent tax year, as it is processed more efficiently than a copy of a tax return.
- Alternatively, you can provide a complete copy of your filed tax return for the most recent year.
- Additional Tax Documents (if applicable)
- Include W-2 forms and any Form 1099s or schedules relevant to your income.
- You may submit tax documents for the last three years to bolster your application if necessary.
- Proof of Current Income
- If the income reported is below the poverty guidelines, provide evidence of current employment or self-employment. This can include:
- Recent pay stubs
- A letter from your employer on business letterhead detailing employment dates, wages, and job type.
- If the income reported is below the poverty guidelines, provide evidence of current employment or self-employment. This can include:
Income Requirements
To qualify as a sponsor, your income must meet at least 125% of the Federal Poverty Guidelines for your household size. If your income alone does not suffice, you may combine resources with:
- Other household members who complete Form I-864A.
- Joint sponsors whose income meets the requirement without combining resources with you.
Using Assets to Qualify
If your income is insufficient, you can use assets to meet the requirements:
- Provide documentation proving ownership and value of assets.
- This includes bank statements, property deeds, or other relevant financial documents that establish asset value and ownership.
Filing Tips
- Ensure all forms are signed; unsigned forms will be rejected.
- Include translations for any documents not in English.
- Submit all required documents together with Form I-864 when filing with the immigrant’s application.
Why Tax Transcripts Are Preferred:
Enhanced Authenticity: Immigration officials understand that it’s relatively easy to forge copies of tax returns. Tax transcripts, however, are directly generated by the IRS, making them a more reliable source of information.
Comprehensive Information: Tax transcripts provide a complete view of your federal tax filings, including all schedules and attachments. This saves you from including additional documents like W-2s and 1099s.
Obtaining IRS Tax Transcripts
Now that you recognize the importance of tax transcripts, let’s discuss how to get them. Thankfully, the IRS offers a convenient online portal where you can download and print your tax transcript instantly.
Steps to Get Your Tax Transcript:
- Visit the IRS website and navigate to the “Get Transcript” page.
- Follow the on-screen instructions to access your tax transcript. You’ll need to provide personal information for verification purposes.
- Once verified, you can download and print your tax transcript. Remember to keep both digital and hard copies for your records.
Getting Legal Assistance
Navigating the immigration process, especially when sponsoring family members, can be complex and demanding. If you want to simplify this journey and ensure a smooth process, consider seeking help from an experienced immigration attorney.
An immigration attorney can offer valuable insights, analyze the specifics of your case, identify potential issues, accurately prepare all required paperwork, and monitor the progress toward approval. Their expertise can be a valuable asset in ensuring that your sponsorship application is successful.
In conclusion, when preparing your Affidavit of Support (Form I-864) for family members seeking green cards in the U.S., carefully consider how many years’ worth of tax returns to provide and opt for IRS tax transcripts for added credibility. By following these guidelines and seeking legal guidance if needed, you can navigate this aspect of the immigration process with confidence and increase your chances of success.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an Immediate Relative Visas or Family Preference Visas, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need for the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
