I-864 Affadavit of Support

[Carol and Bruno 0]

I will be filing for my husband's AOS this month. I have earned above the Federal Poverty Guidelines for 2008 & 2007, but did not earn enough for 2006 in which I was living in Brazil and did not file taxes due to no income. Since it is only required to submit the federal income tax return for the most recent year, how do I respond to question 25 on the I-864?

Question 25 has the following check box:

I have filed a Federal tax return for each of the three most recent tax years. I have

attached the required photocopy or transcript of my Federal tax return for only the

most recent tax year.

Since I did not file for 2006, do I skip over this question? I can't check the box because I haven't filed for the past three years so I'm assuming I can only not respond to it.

However, since I haven't filed for all three years, will question 25 force me to submit my tax returns for 2007 and include an explanation for 2006? If this is so, I would still not be able to respond to this question.

Any help is appreciated.

Edited January 3, 2009 by Carol and Bruno

[YuAndDan 153]

Yes, you do not have to check the box there if you are only providing past year's return or 2 years returns if filing this after you file your 2008 return.

[Carol and Bruno 0]

Yes, you do not have to check the box there if you are only providing past year's return or 2 years returns if filing this after you file your 2008 return.

Thank you for your quick response.

Edited January 3, 2009 by Carol and Bruno

[geezer 1]

I will be filing for my husband's AOS this month. I have earned above the Federal Poverty Guidelines for 2008 & 2007, but did not earn enough for 2006 in which I was living in Brazil and did not file taxes due to no income. Since it is only required to submit the federal income tax return for the most recent year, how do I respond to question 25 on the I-864?

Question 25 has the following check box:

I have filed a Federal tax return for each of the three most recent tax years. I have

attached the required photocopy or transcript of my Federal tax return for only the

most recent tax year.

Since I did not file for 2006, do I skip over this question? I can't check the box because I haven't filed for the past three years so I'm assuming I can only not respond to it.

However, since I haven't filed for all three years, will question 25 force me to submit my tax returns for 2007 and include an explanation for 2006? If this is so, I would still not be able to respond to this question.

Any help is appreciated.

In order to qualify as a sponser you are required to have filed your taxes for the last 3 years prior to signing the form. If you did not have enough income in 2006 to require filing then you just indicate 0 for 2006 and attach an explanation stating your income did nor meet the threshold for filing in 2006.

If on the other hand you had a small amount of income that was over the threshold but you just did not file, you would need to file the 2006 return before the requirements for 3 years filing will be meet.

If you dont check the box saying you have filed for the last 3 years you will get a RFE or in a worst case they will ask for proof of 3 years filing at the interwiew whicj will delay everything.

Edited January 3, 2009 by geezer

[Carol and Bruno 0]

In order to qualify as a sponser you are required to have filed your taxes for the last 3 years prior to signing the form. If you did not have enough income in 2006 to require filing then you just indicate 0 for 2006 and attach an explanation stating your income did nor meet the threshold for filing in 2006.

If on the other hand you had a small amount of income that was over the threshold but you just did not file, you would need to file the 2006 return before the requirements for 3 years filing will be meet.

How do I respond to question 25?

Edited January 3, 2009 by Carol and Bruno

[geezer 1]

How do I respond to question 25?

Dont check the box, put your income for the 3 years but for the 2006 income note that you are attaching an explanation, and in the explanation state you did not have to file in 2006 because your income was to low.

Edited January 3, 2009 by geezer

[YuAndDan 153]

How about using form I-864EZ.

19. Federal Income Tax Information.

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the 3 most recent years.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD ( Stress the "MAY" in section 19 of it's directions )

I-864EZ is for perosons:

Sponsoring 1 immigrant, NOT using assets, and NOT using a joint sponsor.

[Carol and Bruno 0]

How about using form I-864EZ.

19. Federal Income Tax Information.

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the 3 most recent years.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD ( Stress the "MAY" in section 19 of it's directions )

I-864EZ is for persons:

Sponsoring 1 immigrant, NOT using assets, and NOT using a joint sponsor.

The instructions read only those who have filed an I-130 can use the I864EZ.

Edited January 3, 2009 by Carol and Bruno

[YuAndDan 153]

The instructions read only those who have filed an I-130 can use the I864EZ.

It is usable for anyone adjusting status, we used the I-864EZ when adjusting status from a K-1, this is NOT a problem.

The directions with the I-864 forms do not specify I-129F, due to the form being used for sponsoring immigrants who for the most part use I-130 as in K-3, CR-1, and the IR-Visas.

[Carol and Bruno 0]

The instructions read only those who have filed an I-130 can use the I864EZ.

It is usable for anyone adjusting status, we used the I-864EZ when adjusting status from a K-1, this is NOT a problem.

The directions with the I-864 forms do not specify I-129F, due to the form being used for sponsoring immigrants who for the most part use I-130 as in K-3, CR-1, and the IR-Visas.

Actually, the directions do specify the I-129F.

Who Completes and Signs Form I-864?

The list below identifies who must become sponsors by completing and signing a Form I-864.

The U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600A for an orphan.

I noticed that the I-864EZ seems to exclude only the "Assets" information which I can skip. So, to feel more comfortable, I will file the I-864.

Thanks for your help.

Edited January 4, 2009 by Carol and Bruno