Important question about i-864 concerning taxes

[buttahgurl 0]

My Husband is a USC, he was born in the US but he moved back to nigeria with his parents when he was 5. He recently moved back to the states in 2006. Now, the I-864 wants him to attach an IRS transcript for the most recent tax year and attach w-2's for the last 3yrs but he has only filed taxes for 2006 and 2007. How can we go about doing this?

My current work permit expires in May so we're trying to send the AOS packet ASAP. Thanks!

[keweul 1]

If you're sending your application b4 end of 2008 then he only has to focus on tax returns for 2007...they want to see the "last Years " taxes but, sending the past 3 yrs is helpful (not NECESSARY)...

[buttahgurl 0]

If you're sending your application b4 end of 2008 then he only has to focus on tax returns for 2007...they want to see the "last Years " taxes but, sending the past 3 yrs is helpful (not NECESSARY)...

Yeah but there's a part of the form #25 where it asks you to check a box that says "I have filed a Federal tax return for each of the three most recent tax years. I haveattached the required photocopy or transcript of my Federal tax return for only the most recent tax year" and then it asks to put in the years and the corresponding income.

[jhunjhun 7]

If you're sending your application b4 end of 2008 then he only has to focus on tax returns for 2007...they want to see the "last Years " taxes but, sending the past 3 yrs is helpful (not NECESSARY)...

Yeah but there's a part of the form #25 where it asks you to check a box that says "I have filed a Federal tax return for each of the three most recent tax years. I haveattached the required photocopy or transcript of my Federal tax return for only the most recent tax year" and then it asks to put in the years and the corresponding income.

Don't worry about the 2005 and 2006 tax transcripts....it's optional. As long as you had the 2007 tax transcript you'll be fine. In our case, my wife was not working in year 2005. I put the year and nxt to it is N/A and wrote a letter for 2005 reasons for not filing 2005 income tax return.

[Mint518 0]

My Husband is a USC, he was born in the US but he moved back to nigeria with his parents when he was 5. He recently moved back to the states in 2006. Now, the I-864 wants him to attach an IRS transcript for the most recent tax year and attach w-2's for the last 3yrs but he has only filed taxes for 2006 and 2007. How can we go about doing this?

Below is the excerpt from I-864 instruction:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

So, the answer to your question depends on whether your husband had any worldwide income in 2005 (including Nigeria). If the reason he did not file 2005 tax return was because he did not have income, then he should attach a written explanation on that effect. If he DID have enough income, but did not file the 2005 federal tax return, he needs to file 2005 tax return before submitting I-864.

If your husband paid tax in Nigeria, his income might be eligible for "Foreign Earned Income Exclusion" (http://www.irs.gov/businesses/article/0,,id=182017,00.html). Even in such a case he needs to file the tax return to claim this exclusion.

[buttahgurl 0]

My Husband is a USC, he was born in the US but he moved back to nigeria with his parents when he was 5. He recently moved back to the states in 2006. Now, the I-864 wants him to attach an IRS transcript for the most recent tax year and attach w-2's for the last 3yrs but he has only filed taxes for 2006 and 2007. How can we go about doing this?

Below is the excerpt from I-864 instruction:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

So, the answer to your question depends on whether your husband had any worldwide income in 2005 (including Nigeria). If the reason he did not file 2005 tax return was because he did not have income, then he should attach a written explanation on that effect. If he DID have enough income, but did not file the 2005 federal tax return, he needs to file 2005 tax return before submitting I-864.

If your husband paid tax in Nigeria, his income might be eligible for "Foreign Earned Income Exclusion" (http://www.irs.gov/businesses/article/0,,id=182017,00.html). Even in such a case he needs to file the tax return to claim this exclusion.

Thanks everyone. So since we're filing in Jan 2009 do we have to wait for him file his taxes before we send out the forms?

[Mint518 0]

My Husband is a USC, he was born in the US but he moved back to nigeria with his parents when he was 5. He recently moved back to the states in 2006. Now, the I-864 wants him to attach an IRS transcript for the most recent tax year and attach w-2's for the last 3yrs but he has only filed taxes for 2006 and 2007. How can we go about doing this?

Below is the excerpt from I-864 instruction:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

So, the answer to your question depends on whether your husband had any worldwide income in 2005 (including Nigeria). If the reason he did not file 2005 tax return was because he did not have income, then he should attach a written explanation on that effect. If he DID have enough income, but did not file the 2005 federal tax return, he needs to file 2005 tax return before submitting I-864.

If your husband paid tax in Nigeria, his income might be eligible for "Foreign Earned Income Exclusion" (http://www.irs.gov/businesses/article/0,,id=182017,00.html). Even in such a case he needs to file the tax return to claim this exclusion.

Thanks everyone. So since we're filing in Jan 2009 do we have to wait for him file his taxes before we send out the forms?

Unless your husband was unemployed (or a student) during 2005, I would wait to file AOS until 2008 tax return is filed in Jan. 2009. It seems faster than preparing/filing 2005 return now and wait for IRS-generated tax return transcript being available.