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Postdocs taxable fellowship income when no taxes withheld (no W-2) for I-864?

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  • Postdocs taxable fellowship income when no taxes withheld (no W-2) for I-864?

    I could not find clear and legitimate answer to the following questions; not even with lawyers or USCIS webpage.

    Hope someone would share his/her knowledge and experience with the same situation.

    Please do not guess and provide documentary evidence justifying your answer.


    Background:
    1. I am a US Citizen.
    2. I am a postdoctoral fellow.
    3. I receive income which is denoted as fellowship grant or other income.
    4. This income is taxable. I file 1040 along with schedule 3, and state taxes.
    5. No taxes are withheld (employer does not report to IRS). So it is a self-reporting income, and there is no W-2/1099 Misc./etc.
    6. My income is above poverty line.

    What is going on:
    1. My I-130 petition has been approved by USCIS for my spouse living abroad, and now the case is pending with NVC.
    2. I need to submit affidavit of support.

    Questions:
    1. Which form should I use I-864 or I-864ez? I know that I could use only my income on form I-864ez, but instructions say that I should be showing my income with W-2, which I do not have. Here is what I-864ez instructions say: "The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal Revenue Service (IRS) Form W-2s provided by your employers or former employers." The bold italic part does not apply on me, so I am not sure if I can use I-864ez.
    2. Can I use I-864 irrespective to whether I qualify to file I-864ez?
    3. I just paper filed my 2019 taxes. Transcript will not be available until April or so. NVC application is pending now, so I can not wait until transcript becomes available.
    4. What proof on income can I use? I have a copy of my 2019 federal and state taxes I just filed, and a letter from my employer stating my income and that they do not send W-2/I099 misc./etc. I can also get my December 2019 pay stub showing YTD amount paid to me (income). This probably could be use in replacement of W-2/1099 misc.
    5. I could also get a bank statement showing ending amount each month, and the final amount available now (but this will become an asset, so I will not be able to use I-864ez).

    Looking forward for your advise.

    Thanks!

  • #2
    Since it's before April 2020, you can use 2018 tax return as your most recent tax return.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Since it's before April 2020, you can use 2018 tax return as your most recent tax return.
      USCIS webpage says that if you sign I-864 in a given year, then you have to present tax return from year immediately preceding. So if I sign I-864 in year 2020, I must show tax filed for 2019.

      By the way it does not answer my questions.

      Comment

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