What if I have No Tax Returns

[payxibka 10,047]

Secondly, there are consulates out there which don't require a tax return as part of the financial proof of support. But there is no way to adjust that immigrant's status once they arrive in the US without the tax return of the sponsor (unless of course that income is non-taxable as explained above). The I864 affidavit of support which is a required as a part of the I485 adjustment of status application asks for the sponsor's tax return as proof of income.

Yep, to reinforce this point, here's the relevant quote from the I-864 form itself:

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.

Okay, so IF my income was non-taxable OR if i was unemployed for the past 3 years (and yes, there are plausible reasons), and I want to bring my fiance to America with a K1, I would simply have a co-sponsor (with their tax returns) and also attach the written explanation of why I myself didn't include the tax return(s), and everything should be okay. Right? And so my next question would be, does not having any income and using a co-sponsor lower the chances of approval?

Thanks again for all your input.

--Cosmic Mind--

In Bangkok.... you are guaranteed to be refused.......

[geezer 1]

Secondly, there are consulates out there which don't require a tax return as part of the financial proof of support. But there is no way to adjust that immigrant's status once they arrive in the US without the tax return of the sponsor (unless of course that income is non-taxable as explained above). The I864 affidavit of support which is a required as a part of the I485 adjustment of status application asks for the sponsor's tax return as proof of income.

Yep, to reinforce this point, here's the relevant quote from the I-864 form itself:

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.

Okay, so IF my income was non-taxable OR if i was unemployed for the past 3 years (and yes, there are plausible reasons), and I want to bring my fiance to America with a K1, I would simply have a co-sponsor (with their tax returns) and also attach the written explanation of why I myself didn't include the tax return(s), and everything should be okay. Right? And so my next question would be, does not having any income and using a co-sponsor lower the chances of approval?

Thanks again for all your input.

--Cosmic Mind--

As noted above you might get by the embassy but you will have to have filed for the last 3 years to adjust status, You will not be able to offer the plausable explanation that you gave here about offshore income.

In order to be granted the immigration benefit by the UC government you need to demonstrate you have paid taxes for the last 3 years. In my opinion it could be very difficult for you to make a plausable agrument cuz quite frankly they will look at you as a tax cheat.

Edited January 22, 2009 by geezer

[Cosmic Mind 0]

Secondly, there are consulates out there which don't require a tax return as part of the financial proof of support. But there is no way to adjust that immigrant's status once they arrive in the US without the tax return of the sponsor (unless of course that income is non-taxable as explained above). The I864 affidavit of support which is a required as a part of the I485 adjustment of status application asks for the sponsor's tax return as proof of income.

Yep, to reinforce this point, here's the relevant quote from the I-864 form itself:

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.

Okay, so IF my income was non-taxable OR if i was unemployed for the past 3 years (and yes, there are plausible reasons), and I want to bring my fiance to America with a K1, I would simply have a co-sponsor (with their tax returns) and also attach the written explanation of why I myself didn't include the tax return(s), and everything should be okay. Right? And so my next question would be, does not having any income and using a co-sponsor lower the chances of approval?

Thanks again for all your input.

--Cosmic Mind--

As noted above you might get by the embassy but you will have to have filed for the last 3 years to adjust status, You will not be able to offer the plausable explanation that you gave here about offshore income.

In order to be granted the immigration benefit by the UC government you need to demonstrate you have paid taxes for the last 3 years. In my opinion it could be very difficult for you to make a plausable agrument cuz quite frankly they will look at you as a tax cheat.

I think you just lost part of the conversation about the co-sponsor (with their tax returns).

[geezer 1]

I think you just lost part of the conversation about the co-sponsor (with their tax returns).

Both you and the co-sponser will be required to show that both of you have filed returns for the last 3 years at the adjustment of status stage of the process.

Your worldwide income is taxable so its likely that it would need to be declared on the returns for the past 3 years and therefore you are required to file.

Unless you can demonstrate you have been a student for all the time you have been an expat not having filed is going to raise a red flag at the AOS. Because it just makes sense that you had to have a source of income during those years.

You could go ahead and file and pay any taxes owed for the last 3 years and if your income was low there would be far less scrutinty of the petition and the I-864's for you and your co-sponser.

You should also be aware that any misrepresentation on the I-485 or the I-864 could be considered visa fraud subjecting your fiance/wife to a lifetime ban.

Edited January 22, 2009 by geezer

[geezer 1]

Have you considered just getting a tourist visa for your fiance? That might make the most sense given your circumstances...

[rebeccajo 14]

Only self-employed individuals need show three years of taxes to the Service for the affidavits.

Persons earning a living via wages show only the most recent tax year.

[Gary and Alla 3,694]

Secondly, there are consulates out there which don't require a tax return as part of the financial proof of support. But there is no way to adjust that immigrant's status once they arrive in the US without the tax return of the sponsor (unless of course that income is non-taxable as explained above). The I864 affidavit of support which is a required as a part of the I485 adjustment of status application asks for the sponsor's tax return as proof of income.

Yep, to reinforce this point, here's the relevant quote from the I-864 form itself:

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.

Okay, so IF my income was non-taxable OR if i was unemployed for the past 3 years (and yes, there are plausible reasons), and I want to bring my fiance to America with a K1, I would simply have a co-sponsor (with their tax returns) and also attach the written explanation of why I myself didn't include the tax return(s), and everything should be okay. Right? And so my next question would be, does not having any income and using a co-sponsor lower the chances of approval?

Thanks again for all your input.

--Cosmic Mind--

That is correct. You need the explanations with your I-134 and, later, I-864 the co-sponsor needs to submit their tax returns. There is no reduction of chances with a co-sponsor, it is an allowed and accepted practice. If some consulates have a problem with it, I can assure you Kiev does not.

[geezer 1]

Only self-employed individuals need show three years of taxes to the Service for the affidavits.

Persons earning a living via wages show only the most recent tax year.

Everyone need to have FILED taxes for the last 3 years or have an acceptable reason for not doing so. In my view the reasons given for not filing by the OP will not be acceptable.

Self employed need only submit the most recent years tax return or tax transcrept

[Brad and Vika 129]

I really cannot speak to the AOS portion of the program, but I think that you might get past the USCIS portion if your explanations are very bland and the co-sponsor is strong. The criteria for a visa being met (met within past 2 years and willing to marry within 90 days of entry) are what the USCIS and embassy are looking for.

That being said, if you go on record anywhere that you have offshore income and did not file a return (and you are required to do so even if you have no tax liability - to prove that you have no liability) you will at some point probably be in deep with IRS. Especially so if you start talking anywhere about your belief that taxes are illegal or somehow not moral. Those statements are huge flags.

This is one of the rare instances where I recommend you do NOT proceed without sound legal advice. Find a tax lawyer that has a partner familiar with immigration family law.

Edited January 23, 2009 by Brad and Vika