Affidavit of Support - what exactly is needed

[2mike&jin]

All - there is some great advice in these responses to the poster - and I think we see this all too many times with people heading towards the immigration journey. I was teaching, I didn't make enough money, I don't have W2's, I didn't file because I didn't make enough, I didn't think I had too --- all variations on a theme. This thread has what I consider an ideal response to a request for help in that most of the information has centered around helping the poster to realize that they need to actually file the returns so he/she has the three years of returns so that that box is checked at interview time. It's such an easy thing to do, whip out the three returns, mail them in, compute the 5 or 6 days after potential receipt by the IRS, then request the transcripts of the 3 years of returns. Then it's a done deal and move on with life - without the specter of the issue following you through the immigration process or possibly to some distant IRS field audit in the future.

 

This issue is just like so many of the reporting requirements for overseas bank accounts that are becoming onerous. Heretofore, the requirements for reporting were pretty easy to comply with and reporting was as easy as dropping the form off so as to arrive at the IRS by June of the filing year. The new forms are not simple if one breaks the thresholds - and they continue to burden US citiens with more and more reporting, especially with any connection to an overseas job, financial account, or disposition of property. The Sun used to never set on the British Empire and now the Sun never sets on any financial transaction involving a US Citizen, or Green Card Holder electing to be treated like a US citizen for tax purposes.

 

File the returns, file the reports, declare transactions - else you are subject to US audits and prosecution as well as a real hassle when transiting the immigration journey. Best of Luck to ALL.

[thezippy]

Related question - if I submit transcripts, do I still need supporting W2s?

[dnoblett]

Related question - if I submit transcripts, do I still need supporting W2s?

No,

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-864Tax.jpg

 

I-864 Instructions

 

Either the Transcripts OR (1040+W2+1099). Transcripts contain all the required info. Most consider transcripts to be better than attaching a return, because they show that the return was actually filed, and not in some cases made up.

[Invictus]

Thanks 2mike&Jin for the sobering advice. I'm going to file the past years' tax returns, but I'm going to do my best to be grumpy about it.

 

The "Chinese" equivalent for a W-2 is the IRS Form 4852 - Substitute for Form W-2. All you need for this form is to fill in the amounts as if it were the actual W-2 and answer the questions - "How did you determine the amounts?" - from paycheck stub.

 

"Explain your efforts to obtain W-2 . . ." - Contacted payroll dept., and asked for a W-2 - none was provided

 

Randy, I just want to be perfectly clear about this, since I've never done it before.

 

I worked in China 09-2010 to 02-2012. I then worked in Germany from 03-2012 to 07-2012.

 

So I need THREE forms: 1 for China 2010, 1 for China 2011, and one for Germany 2012.

 

Is this correct?

[Randy W]

Thanks 2mike&Jin for the sobering advice. I'm going to file the past years' tax returns, but I'm going to do my best to be grumpy about it.

 

The "Chinese" equivalent for a W-2 is the IRS Form 4852 - Substitute for Form W-2. All you need for this form is to fill in the amounts as if it were the actual W-2 and answer the questions - "How did you determine the amounts?" - from paycheck stub.

 

"Explain your efforts to obtain W-2 . . ." - Contacted payroll dept., and asked for a W-2 - none was provided

 

Randy, I just want to be perfectly clear about this, since I've never done it before.

 

I worked in China 09-2010 to 02-2012. I then worked in Germany from 03-2012 to 07-2012.

 

So I need THREE forms: 1 for China 2010, 1 for China 2011, and one for Germany 2012.

 

Is this correct?

 

 

The Form 4852 is a substitute for the W-2 - you will need one for each place of employment (and one for each year) where you were unable to acquire a W-2. You will need to describe what effort you made to get a W-2. For employment in China, I simply wrote that they do not provide W-2's. For my US employer, I discovered too late to request a duplicate that I didn't have the W-2. So I filed the 4852 for them also, saying that I had requested that they mail me a duplicate.

[warpedbored]

Technically the I-864 only requires tax records for the last year. The I-134 asks for 3 years. This could be helpful when filing AOS here in the states. That being said, VOs can and do ask for anything they wish. Best to be prepared to give it to them.

[dnoblett]

Technically the I-864 only requires tax records for the last year. The I-134 asks for 3 years. This could be helpful when filing AOS here in the states. That being said, VOs can and do ask for anything they wish. Best to be prepared to give it to them.

Correct, here is what I-864 instructions say:

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-864income.jpg

 

Says most recent years return, and that you "MAY" include 3 years, employer letter, and 6 months pay stubs. And yes the consulate has been known to demand this ignoring that "MAY" in the instructions.

[Invictus]

Okay, got all that. I'll take care of it.

 

Meanwhile, I went back to the co-sponsor and he swears he has absolutely no paystubs. Zilch. Only direct deposit. So, as Dan had mentioned earlier in this thread, I suppose this means he must give me copies of his monthly bank statements showing the salary he received for every month, izzat right?

Edited April 12, 2013 by Invictus (see edit history)

[dnoblett]

Okay, got all that. I'll take care of it.

 

Meanwhile, I went back to the co-sponsor and he swears he has absolutely no paystubs. Zilch. Only direct deposit. So, as Dan had mentioned earlier in this thread, I suppose this means he must give me copies of his monthly bank statements showing the salary he received for every month, izzat right?

Yep, bank statements of account that receives the deposits, and simply highlight the deposits.

[Invictus]

I'm confused. I sent them the 4852's for 2010, 2011, and 2012, and I received a letter thanking me for the 4852 and "we have no record of receiving a 2011 tax return. You should complete & return a 2011 return as soon as possible."

 

I thought the point of filing a 4852 was that I do not have a tax return to file. Does anyone know what I should do next? How do I file a 2011 "tax return" when I have no W2?

Edited May 17, 2013 by Invictus (see edit history)

[Randy W]

I'm confused. I sent them the 4852's for 2010, 2011, and 2012, and I received a letter thanking me for the 4852 and "we have no record of receiving a 2011 tax return. You should complete & return a 2011 return as soon as possible."

 

I thought the point of filing a 4852 was that I do not have a tax return to file. Does anyone know what I should do next? How do I file a 2011 "tax return" since I do NOT have a W2?

 

 

 

A Form 4852 is NOT a tax return - it is a W-2 substitute. You need to submit a tax return based on the income shown on the 4852.

 

If you did not have enough income to require a return, you need to submit an explanation of why you did not file.

[Invictus]

A Form 4852 is NOT a tax return - it is a W-2 substitute. You need to submit a tax return based on the income shown on the 4852.

 

The problem with that is that when I try to file for 2011 (using an online service), it only gives me the option of filling out a W2, which I of course do not have. Then I cannot continue submitting, 'cause the W2 requires Employer ID Number, etc. I do not have that from the university in China.

Edited May 17, 2013 by Invictus (see edit history)

[Randy W]

 

A Form 4852 is NOT a tax return - it is a W-2 substitute. You need to submit a tax return based on the income shown on the 4852.

 

The problem with that is that when I try to file for 2011 (using an online service), it only gives me the option of filling out a W2, which I of course do not have. Then I cannot continue submitting, 'cause the W2 requires Employer ID Number, etc. I do not have that from the university in China.

 

 

 

You need to invest in some paper, ink, and a stamp. It's YOUR responsibility to file your taxes, and the paperwork for your visa. The online tax services are limited in what they can do.

[dnoblett]

Or talk with a CPA, most can do much more complex returns and file electronically.

 

Turbo tax and other online services cannot handle uncommon things like 4852.

[Randy W]

Or talk with a CPA, most can do much more complex returns and file electronically.

 

Turbo tax and other online services cannot handle uncommon things like 4852.

 

 

They ALL file through the IRS' electronic services, which has certain limitations, including which forms can be filed. I was required to enter a U.S. ZIP code (fortunately 00000 works), and a U.S. phone number (which fortunately I have). I will need to file my TDF 90-22.1 Report of Foreign Bank Account) by mail.

 

Check the IRS' Free File Fillable Forms for details as to what is supported by the IRS. The 4852 is NOT one of them - http://www.irs.gov/uac/List-of-Available-Free-File-Fillable-Forms

 

 

Good old pen and paper and the U.S./China snail mail work just fine, although I end up paying almost $30USD for EMS postage so I can get a delivery receipt.

Edited May 18, 2013 by Randy W (see edit history)