Problem with "Establishing Financial Support"

[mischief 0]

Hi. It's been a while since I've heard back from USCIS regarding my application for my wife. I just recently got a reply after a 1+year wait after I filed the initial paperwork. I have just paid 2 fees:

1 - $88.00 - AOS Fee

2 - $230.00 - IV Fee

After paying both fees, I am now required to "Establish Financial Support" (http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support.html) . After going through and reading the instructions, I am supposed to file the i-864 next which includes this paragraph:

"You are required to provide your U.S. federal income tax return for the most recent tax year as well as proof of current employment. If you were not required to file a tax return in any of these years you must provide an explanation. Failure to provide the tax return or evidence establishing that you were not required to file will delay action on your relative's application for permanent residence. If this information is not provided, this will result in denial of an immigrant visa or adjustment of status."

I have a problem with this portion, and I need some advice. The past few years, I have been living abroad with my wife in Taiwan. We got married, and bought a home in Vegas, and put in the application for her citizenship. The problem is, when I lived in Taiwan for several years (2008-2012), I did not file any US tax forms. I opened a business in Taiwan (which I have since sold & would consider it a failed business), and only recently came back to live full time back in the states. I don't have a "job", but I will be opening my own business (in the US) in the near future. We actually haven't really been living here (in the US). I bought a home in Vegas in 2012, and we have spent half our time in the US and half traveling/staying in Taiwan.

Does anyone have any advice on how I should handle this situation? Will they take the explanation above? Would a work around be filing a joint Affidavit of Support with my family member who works/lives in the US full time work?

Edited March 31, 2014 by mischief

[Harpa Timsah 13,258]

You must file your back taxes. Failure to do so is a felony and will cause you to be denied.

Then you will need a co-sponsor.

Good luck.

[mpwhitebird 0]

You only need to file taxes if you met the minimum threshold income for each of those years. You also have to consider that there are special circumstances were you are exempt from filing. You need to do some research on this, it will get a bit tricky. I recommend speaking to your accountant.

[imse 82 8]

In reality if you made no income or below the minimum you don't need to file taxes but with immigration it seems easier and more straight forward to just file taxes for the past three years instead of trying to explain things to USCIS and respond to their RFE (most likely you will get one if you don't file taxes). You can use turbotax online it's cheap and straight forward considering you have no income.

Good luck.

[mischief 0]

But if I show that I do not have income, won't it affect their decision on accepting? I have the means and I can support me and my wife, but I just don't have the paperwork (past tax returns or current proof of employment). I'm not sure what they would consider a "legitimate explaination".

Can I use turbo tax to file past taxes?

[Harpa Timsah 13,258]

If you had a business then I believe you are required to file taxes almost no matter what. A USC is required to file taxes no matter where they live and work in the world.

They will not accept an "explanation," they need proof that you were not required to file. At irs.gov there is a helper called "Do I need to file?"

If you were required to file, then you must do so for immigration. There is no way around that. Being abroad is not a pass to not file.

You may be able backfile with a service, have to check with them.

Edited April 1, 2014 by Harpa Timsah

[NikLR 13,227]

If you have sufficient assets you can also use those to qualify.

But again... as Harpa stated, you WILL need to back file your taxes.

[pushbrk 12,824]

You must file your back taxes. Failure to do so is a felony and will cause you to be denied.

Then you will need a co-sponsor.

Good luck.

Perhaps, but perhaps this petitioner was not required to file a tax return for one or more of the past three years, because income was below the threshold that requires filing. He said he had a business that failed, so perhaps had a negative income. He must first determine which of any of those years he was required to file, then file only those tax returns if any.

There are no "co-sponsors" in immigrant visa cases. He MIGHT need a qualified joint sponsor, but I'm thinking if he bought a home in Vegas while living in Taiwan with no job, he either has a passive source of income or some substantial investments/assets that could be used to qualify on his own.

Only after researching the requirements (tax and sponsorship) will he be able to determine what he will need to do to sponsor his wife. So, let's not leap to conclusions that may not be correct.

[mischief 0]

I will be filing my past due taxes, but I wanted to know if there are other ways of proving my income/assets besides "having a recent tax return and a proof of employment".

Someone has told me that if I am able to show my assets and is 5x 125% of the poverty line, I can also use that instead of a "proof of employment".

[pushbrk 12,824]

I will be filing my past due taxes, but I wanted to know if there are other ways of proving my income/assets besides "having a recent tax return and a proof of employment".

Someone has told me that if I am able to show my assets and is 5x 125% of the poverty line, I can also use that instead of a "proof of employment".

Yes, but you must still do that on a complete and accurate I-864 that includes information from three tax returns that were actually filed. The keyword is "information". Everything about those three tax returns is the PAST. Assets and current income are the PRESENT. Read the I-864 instructions on how to use assets. Study that section very carefully and thoroughly.

[mischief 0]

Ahhh ok, thank you very much for the information & help.