I-864 AOS Question

[Frequent_Flyer 0]

Hi VJ Family,

Quick question on the AOS.

My wife, the USC, moved to the US in late 2007 and only has tax reports for a two months of 2007 and all of 2008. This exceeds the requirement but we do not have the 3 year history.

We are including pay stubs for the last six months that show YTD earnings and also a letter of employment with her role and salary as supporting evidence.

In you opinion, will this be sufficient?

Thanks,

FF

[trailmix 77]

Why didn't she file in 2006?

[Frequent_Flyer 0]

Why didn't she file in 2006?

She filed for 2006 in Canada as she was not living in the US at that time. As a result, we have a tax transcript and a W2 for 2007 which only has 2 months worth of income, a tax transcript and W2 for 2008, and her pay stubs for 2009 to date. In addition to this, we have the letter of employment.

[trailmix 77]

Why didn't she file in 2006?

She filed for 2006 in Canada as she was not living in the US at that time. As a result, we have a tax transcript and a W2 for 2007 which only has 2 months worth of income, a tax transcript and W2 for 2008, and her pay stubs for 2009 to date. In addition to this, we have the letter of employment.

Well if she made above (rough estimate) $ 3000 U.S. dollars in 2006 - she needs to file that return as well. It is required (not as proof of income per se - but because the I-864 says you must have those returns or a statement as to why you don't have them - with a valid reason).

Edited October 22, 2009 by trailmix

[Frequent_Flyer 0]

Why didn't she file in 2006?

She filed for 2006 in Canada as she was not living in the US at that time. As a result, we have a tax transcript and a W2 for 2007 which only has 2 months worth of income, a tax transcript and W2 for 2008, and her pay stubs for 2009 to date. In addition to this, we have the letter of employment.

Well if she made above (rough estimate) $ 3000 U.S. dollars in 2006 - she needs to file that return as well. It is required (not as proof of income per se - but because the I-864 says you must have those returns or a statement as to why you don't have them - with a valid reason).

@Trailmix- I called the NVC to clarify and was told since only the most recent year is required, we can leave the 2nd and 3rd lines blank and not worry about including them. (Of course, this assumes that our most recent return meets the minimum requirements, which it does)

Thanks for the help,

FF.

[Jamaican JNR 2]

Why didn't she file in 2006?

She filed for 2006 in Canada as she was not living in the US at that time. As a result, we have a tax transcript and a W2 for 2007 which only has 2 months worth of income, a tax transcript and W2 for 2008, and her pay stubs for 2009 to date. In addition to this, we have the letter of employment.

Well if she made above (rough estimate) $ 3000 U.S. dollars in 2006 - she needs to file that return as well. It is required (not as proof of income per se - but because the I-864 says you must have those returns or a statement as to why you don't have them - with a valid reason).

@Trailmix- I called the NVC to clarify and was told since only the most recent year is required, we can leave the 2nd and 3rd lines blank and not worry about including them. (Of course, this assumes that our most recent return meets the minimum requirements, which it does)

Thanks for the help,

FF.

Thats good enough for NVC, then you are ok.

[Darnell 8,478]

She was a USC in 2006 ? Living out of country?

If she really wants to cover that '3rd year' - is dead-easy to backfile a tax-return, even for 'working outside of the USA'.

Usually - a USC is exempt from paying US taxes on the first 70K of income, but that could vary.

Even a 2006 tax return of '0 taxable income' might be useful, showing the 'out of country ' income. I did this one year in Singapore, but my level was waaaaaaaay above that - but still exempt for the USA because of the 'single taxing authority' in Singapore.

But ...

NVC gave you an answer.

I'd be more interested in what the requirements were at the Consulate - as it's THEIR requirement, on interview day (IMO ) .

GOOD LUCK !