Question regarding submission of federal tax returns

[laura428 0]

I just read aussiewench's update regarding the need for federal tax returns for the most recent tax year (yay!!!), but just realized something...

Since my husband, the beneficiary, is our sole breadwinner (with his job continuing seamlessly in the States) and, as such, is filing an I-864, what do we do about the fact that he has never filed a US tax return? We have his Canadian returns, of course, but he's never filed in the States. I'll be filing as a USC, of course, but only made a paultry amount (less than $1000) with a very short-lived home business.

So, questions...

1. Will his Canadian return be enough?

2. If not, what steps should we be taking to remedy this?

3. Is it really true (so hard to believe) that we ONLY need our 2005 returns????

I will also be submitting my own I-864 (right?), as I'm pretty sure I'll qualify based on our assets (being more than five times 125% of poverty level... so they may not even need my husband's I-864, but I digress). Will they want to see both my US and Canadian tax returns? Or just my US?

We are still awaiting Packet 4 and, I'm thinking, at least a few months yet before his interview in Montreal, but want to have everything in order asap. This is the last piece of the puzzle for us. I think (and reserve the right to change this statement at any time in the future).

[Anyta Holland 1]

Are you filing for your husband?

If so, you, as the sponsor, are the only one required to file the I864 and therefore they only need your Tax Return, unless you have a co-sponsor. If you do have a co-sponsor, then that person will have to file for the tax return as well....

If you do not meet an annual income greater than the poverty level, then you would have to have 5 times this amount and prove it... But you have your assets so it will probably be enough, although I am not sure about this one.

Hope this helps.

[laura428 0]

Are you filing for your husband?

If so, you, as the sponsor, are the only one required to file the I864 and therefore they only need your Tax Return, unless you have a co-sponsor. If you do have a co-sponsor, then that person will have to file for the tax return as well....

If you do not meet an annual income greater than the poverty level, then you would have to have 5 times this amount and prove it... But you have your assets so it will probably be enough, although I am not sure about this one.

Hope this helps.

Yes, I am sponsoring my husband.

My assets should be enough (and we have already used the formula to confirm this), but as I have no income as a stay at home mom, my husband will fill out the I-864A (mistyped I-864 in my original post) as well. His income exceeds the requirement and his job will continue in the States. We may also use my cousin as a joint sponsor, keeping their I-864 in my husband's back pocket in case for some really strange reason, neither his nor my I-864(A)s qualify.

My concern, though, is that my husband has never filed a US tax return.

[Mand 1]

The beneficiary (your husband) is not allowed to fill out the I-864a, as it must be a USC or I think a lawful permanent resident. As your husband is neither, his wages cannot be included.

If the assets are in your name and exceed the poverty level, then you will not need a co-sponsor.

[laura428 0]

The beneficiary (your husband) is not allowed to fill out the I-864a, as it must be a USC or I think a lawful permanent resident. As your husband is neither, his wages cannot be included.

Under "Evidence of Assets" in the I-864 instructions, a sponsor is allowed to use his/her assets, the assets of any household member, and/or the assets of the sponsored immigrant. My assets are our assets, in the form of the cash we'll have left after selling our house (which is in both of our names).

While re-reading the I-864, however, I'm now totally confused. (Probably also b/c I'm doing all of this while watching my very active 2 1/2 year old and five month old!) If I am using my husband's income as back-up, is he filling out an I-864, an I-864A, or are we just attaching proof of his income to my own I-864??

You know, I knew all of this about a month ago. Funny how it all just kind of muddies up.

Edited May 16, 2006 by laura428

[Mand 1]

I didn't do DCF, so I'm not sure if the rules are the same, but I always thought that the beneficiary's wages could not be counted in any way towards the Affidavit of Support, so he wouldn't be filling out anything regarding his income. Maybe it's different for DCF though? I dunno.

If your assets are sufficient, then I wouldn't worry about income levels. And just you fill out the I-864 with your assets as financial security/proof.

I agree though, that you more you read about it, the more jumbled it all becomes

[Yodrak 7]

laura,

Point of clarification - you and your husband will jointly prepare an I-864A.

A tax return is not needed if there is a legitimate reason for not having filed a tax return. Your husband appears to have such a reason. He will, however, have to document his income and the fact that it will be continuing after his move to the USA.

Yodrak

Yes, I am sponsoring my husband.

My assets should be enough (and we have already used the formula to confirm this), but as I have no income as a stay at home mom, my husband will fill out the I-864A (mistyped I-864 in my original post) as well. His income exceeds the requirement and his job will continue in the States. We may also use my cousin as a joint sponsor, keeping their I-864 in my husband's back pocket in case for some really strange reason, neither his nor my I-864(A)s qualify.

My concern, though, is that my husband has never filed a US tax return.

Mand,

DCF has nothing to do with it. The I-864 is associated with the visa applicaton, not the petition.

Time to adjust your thinking.

Yodrak

I didn't do DCF, so I'm not sure if the rules are the same, but I always thought that the beneficiary's wages could not be counted in any way towards the Affidavit of Support, so he wouldn't be filling out anything regarding his income. Maybe it's different for DCF though? I dunno.

...

[Mand 1]

Mand,

DCF has nothing to do with it. The I-864 is associated with the visa applicaton, not the petition.

Time to adjust your thinking.

Yodrak

anyways....

[meauxna 15]

You might consider documenting husband's job in the US with a letter etc and add a note to the effect that he's transferring with his current employer. Copies of his Canadian tax returns or pay slips would document his current position.

I was in the same boat and faced the same objection that Mand brinigs up. The CO approved my I-864 with my husband's income and then at the end said that the final word was with the border agent. I panicked and gave up my Joint Sponsor's affidavit, but knowing what I've learned, I don't think I would do that now.

Again, like you, I had sufficient assets on my own to qualify, and if I were doing it again today, I would be totally happy with my assets and 'letting' him include his income for good measure. I'd give my JS their affidavit back when I got to the US.

[Mand 1]

We used Rob's Irish tax forms and wages (he's the USC, but worked in Ireland), but that was for the I-134, which isn't as stringent as the I-864 I think. We never included any U.S. tax forms for our K-1 visa and none were ever asked for.

We also used his U.S. tax returns for the I-864 which showed predominantly his foreign income and this was also never questioned during our entire AOS process. So, perhaps they saw financial stability throughout his working life, even if the years previous were not in America?

Good Luck on your journey and move

[Yodrak 7]

Mand,

... There's nothing inherently detrimental about having been an expat.

Yodrak

We also used his U.S. tax returns for the I-864 which showed predominantly his foreign income and this was also never questioned during our entire AOS process. So, perhaps they saw financial stability throughout his working life, even if the years previous were not in America?

Good Luck on your journey and move

Edited May 16, 2006 by Yodrak

[laura428 0]

You might consider documenting husband's job in the US with a letter etc and add a note to the effect that he's transferring with his current employer. Copies of his Canadian tax returns or pay slips would document his current position.

I was in the same boat and faced the same objection that Mand brinigs up. The CO approved my I-864 with my husband's income and then at the end said that the final word was with the border agent. I panicked and gave up my Joint Sponsor's affidavit, but knowing what I've learned, I don't think I would do that now.

Again, like you, I had sufficient assets on my own to qualify, and if I were doing it again today, I would be totally happy with my assets and 'letting' him include his income for good measure. I'd give my JS their affidavit back when I got to the US.

Hi Meauxna...

Yup, we've already got a letter from my husband's employer stating his position, how long he's been with the company, his current salary and the fact that his job will continue during and after our move to the States. We've also included what his salary will be once in the States in USD.

So... do you think we should have my cousin's affadavit, or do you think it's superfluous? Honestly, I think they're a wee bit uncomfortable with it, so if we don't have to do it, I'd rather not. But if it might be necessary, I want to make sure we've got all of the bases covered.

Oh... and again, just to clarify... do we really only need the most recent tax returns? I'm asking b/c somehow (and don't ask me how b/c I am always on top of these things), I totally neglected to file my taxes for the 2004 tax year. I had no income (therefore have no penalty as I would have only been filing federal, not state, taxes), but am concerned that without it I might run into trouble here.

Edited May 16, 2006 by laura428

[Anyta Holland 1]

Yup... Only the most recent.. 2005 in this case... Easy Peasy!

[meauxna 15]

So... do you think we should have my cousin's affadavit, or do you think it's superfluous? Honestly, I think they're a wee bit uncomfortable with it, so if we don't have to do it, I'd rather not. But if it might be necessary, I want to make sure we've got all of the bases covered.

Oh... and again, just to clarify... do we really only need the most recent tax returns? I'm asking b/c somehow (and don't ask me how b/c I am always on top of these things), I totally neglected to file my taxes for the 2004 tax year. I had no income (therefore have no penalty as I would have only been filing federal, not state, taxes), but am concerned that without it I might run into trouble here.

laura,

You do not have to present your cousin's affidavit at the beginning of the interview. You can keep it 'in your pocket' and have it ready if you hear (real) objections from the CO. This way, it truly is 'in case of emergency' and your bases are covered.

The memo regarding the tax return is posted inthe pinned I-864 thread (maybe in the CR/IR forum). You should also find a memo about it on the uscis.gov site (on the I-864 instruction/download page?). I can tell you what I've read, but I haven't had any personal experience with it.

If you did not have income and were not normally required to file a tax return for '04, simply copy out the instruction page from irs.gov that shows the income threshold as your evidence of not being required to file.

The requirement is that US citiznes *report* their worldwide income. If you had no income, there is nothing to report, and the instructions are pretty clear--others have used this idea. Heck, I just gave 'em an excuse and said (truthfully) that I'd filed an extension and my return wasn't yet due.