tax return!!! please help

[chianrose 0]

me and wife lives abroad and we have a co sponsor.do she still need to send in her tax returns with our Aos package ? i tought its only the co sponsor that needs to send in his/her tax returns and pay stubs? am confused here

[bigdog 376]

You and the co sponsor need tax returns. See the guides and directly on USCIS.

[KayDeeCee 4,893]

me and wife lives abroad and we have a co sponsor.do she still need to send in her tax returns with our Aos package ? i tought its only the co sponsor that needs to send in his/her tax returns and pay stubs? am confused here

Yes, please read through the I-864 instructions. Even if you have a joint sponsor, the petitioner is always the primary sponsor and must fill out their own I-864 and provide their supporting documents. You need to list the income from the last years of tax returns on #25 and provide the most recent tax return transcript. If there were years you did not file, you must provide a statement as to why you were not legally required to file.

[chianrose 0]

Thanks guys but my wife's accountant did not do her 2010 and 2011 taxes and he is now in jail and my wife is here.can she write a note on this as a reason for not filling ? and the co sponsor will bring all her past 3 yrs taxes,will that be fine?

[chianrose 0]

my wife's accountant did not do her 2010 and 2011 taxes and we (me and wife) lives abroad,my wife friend told her that he is now in jail,for tax fraud or something and we cant get hold of him.can she write a note on this as a reason for not filling ? and the co sponsor will bring all her past 3 yrs taxes,will that be fine?.....we want to finish this this year as my passport will run out of validity by febuary and i cant leave my wife with our new son to nigeria for renewal.

[Kathryn41 3,205]

duplicate threads om the same concern have been merged iinto one thread. It is not necessary to start a new thread to continue an existing discussion and will not get you more or different answers. Continue the discussion in this thread.

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moderator hat off -

Can your wife obtain back any documentation she has provided to her accountant? His office should have them on file She should then arrange to get the taxes done. Even if she didn't make enough to pay taxes, she does need to file a return - or provide the reason why she did not file. Even if the accountant has been recently jailed, she did not file for 2 years prior so she was already late filing - or if the accountant caused the delay she should have suspected a problem with the accountant. She can try to include a note with her petition ( along with her co-sponsor's documentation) about why her returns aren't included, but she is still the primary sponsor and needs to provide the requested documentation. She will almost definitely receive an RFE for those missing returns, so she should make some sort of plans now about finding alternate ways to get the tax returns done.

Edited December 25, 2012 by Kathryn41

[amykathleen2005 441]

Taxes are ultimately your responsibility, not your accountant's.

[VanessaTony 3,567]

Sorry but no. She needs to file her taxes unless she didn't earn enough income to not file. She can do this herself (unless they are particular difficult) using Turbotax online.

Your passport expires in February? Or February makes it less than 6 months left on it? If your passport expires in February then you will not get your visa issued. It is my understanding you need at least 6 months validity on it to get the visa issued.

Also, your flag says Nigeria yet you say you can't leave your wife and new son to Nigeria for renewal so.. are you not IN Nigeria right now? What country are you filing from? That's what your flag should be. If you are filing from Nigeria you wouldn't get approved by Feb anyway, there will most likely be mandatory AP.

[Pitaya 2,577]

Agree with amykathleeen2005. You are going to have to get things straightened out with the IRS, the sooner the better. For the IRS, the clock keeps ticking and the real possibilities of accruing fines and penalties continue. An explanation letter from her will likely not be sufficient.

Good luck on your immigration journey.

[Ning 619]

my wife's accountant did not do her 2010 and 2011 taxes and we (me and wife) lives abroad,my wife friend told her that he is now in jail,for tax fraud or something and we cant get hold of him.can she write a note on this as a reason for not filling ? and the co sponsor will bring all her past 3 yrs taxes,will that be fine?.....we want to finish this this year as my passport will run out of validity by febuary and i cant leave my wife with our new son to nigeria for renewal.

Your wife can not use an account as an excuse for not doing what she must do under the tax laws. She needs to contact the IRS and find a method to file her taxes. The taxes must be current and the embassy will check.

Leaving something like this to chance when dealing with Nigeria is a very bad idea.

[chianrose 0]

ok guys,to start with,me and wife is living in qatar and am a nigerian,my wife current income is here in qatar,she is here since a year now,we intend filling for tax when we get to the state by next year,she cant seem to get hold on any of her tax papers for 2010 and 2011 now.what should we do?

re file the 2010,2011 taxes ? and how ? because she is abroad

whath should we do

[LIFE'SJOURNEY 970]

Hire another tax accountant, just like you hired the first one. There is NO acceptable excuse for not filing taxes, unless the person is deceased.

[bigdog 376]

Agree with amykathleeen2005. You are going to have to get things straightened out with the IRS, the sooner the better. For the IRS, the clock keeps ticking and the real possibilities of accruing fines and penalties continue. An explanation letter from her will likely not be sufficient.

Good luck on your immigration journey.

[femmefatality 0]

Sorry for bumping up this post, but it's the most relevant topic I could find to my situation. Maybe someone can help?

How do I file form I-864 if I am unemployed and have no previous tax returns?

I'm filing on behalf of my spouse. I'm currently unemployed with technically $0 income. I'm 21 years old and I studied abroad from 18-20 years (working part time concurrently). I returned to the US last year, and only worked for 6 months. Since then, I have been unemployed. I have never filed a tax return in the United States. I don't know how to access my W2's from my very brief employment. How do I explain this to the USCIS and fill out form I-864? I am planning to have a joint sponsor in order to prove I can support my spouse. I'm just concerned about my lack of tax reports.

I got to section 6 on the i-864:

Question# 22. I am currently unemployed since 03/2012.

23. My current annual income is $0.00.

24. Income I'm using from any other member of my household - None.

When I get to question 24 d) and e) ask about the person listed above filing a completed i-864a, but I don't need to check either box because I answered 'none,' right?

then question 25 - federal income tax return information is currently completely blank because I cannot fill it out. I have not reported my income for any of the last 3 years :/

[Dave&Roza 748]

Sorry for bumping up this post, but it's the most relevant topic I could find to my situation. Maybe someone can help?

How do I file form I-864 if I am unemployed and have no previous tax returns?

I'm filing on behalf of my spouse. I'm currently unemployed with technically $0 income. I'm 21 years old and I studied abroad from 18-20 years (working part time concurrently). I returned to the US last year, and only worked for 6 months. Since then, I have been unemployed. I have never filed a tax return in the United States. I don't know how to access my W2's from my very brief employment. How do I explain this to the USCIS and fill out form I-864? I am planning to have a joint sponsor in order to prove I can support my spouse. I'm just concerned about my lack of tax reports.

I got to section 6 on the i-864:

Question# 22. I am currently unemployed since 03/2012.

23. My current annual income is $0.00.

24. Income I'm using from any other member of my household - None.

When I get to question 24 d) and e) ask about the person listed above filing a completed i-864a, but I don't need to check either box because I answered 'none,' right?

then question 25 - federal income tax return information is currently completely blank because I cannot fill it out. I have not reported my income for any of the last 3 years :/

You should have FILED a tax return for last year's work whether you owed taxes or not. Now you can file a return so you can get a tax transcript for the USCIS or you need to find the legal terms from the IRS as to why you were not REQUIRED to file a tax return and give that to the USCIS and hope they accept it. Your co-sponsor must include their tax returns to prove they make 125% of the poverty level and you need to prove they are a LPR or USC. Again I would ask the co-sponsor to get tax transcripts as those are a complete tax return and is less subject to an RFE.

What are you filing for a K-1 or spousal visa and with which Embassy/Consulate? If it is a K-1, I would check with the Embassy/Consulate to make certain they accept a co-sponsor as there are several Embassy/Consulates that do not--the PI comes to mind as one that does not accept a co-sponsor for the K-1.

Good luck,

Dave