no taxes filed for 2 years

[melivouz 0]

my husband did not file taxes for 2010 and 2011 and now we have no idea what what to do as 3 years tax info is need for the affidavit of support. anyone know what to do? please help

[NikLR 13,227]

He will have to file his back taxes for those years unless he was not required to file taxes. If he wasn't required to file taxes because he didn't make enough money then you need to state that on the I-864 and include a letter as to why he wasn't required to file taxes for those years.

[melivouz 0]

yeah he didnt really work those years. how do i prove he didnt need to file. and who writes the letter.

thank you for your help.

[aaron2020 11,651]

yeah he didnt really work those years. how do i prove he didnt need to file. and who writes the letter.

thank you for your help.

The instructions for Form I-864 tells you what to do.

He needs a signed statement that he was not required to file tax returns because his income was below the threshold requiring him to file. This is usually done in the cover letter for the I-864.

[Pinkrlion 2,713]

my husband did not file taxes for 2010 and 2011 and now we have no idea what what to do as 3 years tax info is need for the affidavit of support. anyone know what to do? please help

All he has to do is write a statement as to why he did not or was not required by law to file his taxes for that year. If he is required to file, he can just file for those years (depending on his income) without penalty.

[slvrfx576 15]

If he is required to file he can still do so. He will owe penalties and interest only if he has a balance due. If he has a refund due, then no penalties.

[FD&MDVL 58]

Follow up question on this-- in general-- WHAT are they looking for with INCOME? current income? THREE YEARS WORTH -lets say someone was making LESS than what is required in past years but NOW can document with paycheck stubs and a letter from employer showing where he / she is making MORE than enough-- would that be acceptable?--

Lets assume last years taxes was UNDER by $5K but now is making $20K more than last year and has a letter it is a permanent full time position--

does anyone have PAST experience or knowledge of a similar situation?

[aaron2020 11,651]

Follow up question on this-- in general-- WHAT are they looking for with INCOME? current income? THREE YEARS WORTH -lets say someone was making LESS than what is required in past years but NOW can document with paycheck stubs and a letter from employer showing where he / she is making MORE than enough-- would that be acceptable?--

Lets assume last years taxes was UNDER by $5K but now is making $20K more than last year and has a letter it is a permanent full time position--

does anyone have PAST experience or knowledge of a similar situation?

Current income is what is important. Prior income shows how stable the income is.

The criteria for approval of the I-864 is not just how much, but also how reliable. If the income is not reliable, then it doesn't matter if it is high for one year.

[NikLR 13,227]

Follow up question on this-- in general-- WHAT are they looking for with INCOME? current income? THREE YEARS WORTH -lets say someone was making LESS than what is required in past years but NOW can document with paycheck stubs and a letter from employer showing where he / she is making MORE than enough-- would that be acceptable?--

Lets assume last years taxes was UNDER by $5K but now is making $20K more than last year and has a letter it is a permanent full time position--

does anyone have PAST experience or knowledge of a similar situation?

Current income is most important. That is why we include pay stubs and/or a letter from the employer stating what the employee's annual income is.

example: during tax years 2009-2011 my husband was in the USAF.

2009 - made over threshold

2010 - was deployed for 6 months to Iraq so tax transcripts show only 10k in earnings

2011 - made over threshold

When we filed the I-864EZ he had his new job for about 6 months after being unemployed for 9 months. We included his 6 months of pay stubs which showed his current annual salary on each one, making well over the threshold. Everything was okay. We weren't required to send the 2012 taxes (he applied for a tax extension anyhow) because our AOS went to the NVC before April 15th, 2013.

[Pinkrlion 2,713]

Current income is what is important. Prior income shows how stable the income is.

The criteria for approval of the I-864 is not just how much, but also how reliable. If the income is not reliable, then it doesn't matter if it is high for one year.

Edited August 25, 2013 by Pinkrlion