i-864 AOS

[eklondon 0]

I am the petitioner and Sponsor.

Family of 5 (I Make more than 125% of the poverty line)

I have no history in the USA (Taxes) as I started work in November 2008

I have filed my 2008 taxes with the IRS also to receive ITINs for my wife and kids (This can take 6-8 weeks to get anything back)

So for Tax info I have nothing Yet. I can provide a Letter of Employment and all pay stubs.

I have 4 i-130 petitions submitted

1 - spouse

2,3,4 - children (all under the age of 10)

I would like to get some personal help with filing out the i-864. I have specific questions and would like to give someone a call to help walk me through? Anybody willing?

[trailmix 77]

Sorry, I would help you but our petition didn't include any children - so I probably couldn't answer all your questions.

One thing I want to mention though. Although you did not have U.S. income, you are required to file U.S. taxes - now you probably don't need to go back and file every single tax return you have missed - however - you should do at least 2006 and 2007 if you in fact did have foreign income.

Edited March 17, 2009 by trailmix

[eklondon 0]

Sorry, I would help you but our petition didn't include any children - so I probably couldn't answer all your questions.

One thing I want to mention though. Although you did not have U.S. income, you are required to file U.S. taxes - now you probably don't need to go back and file every single tax return you have missed - however - you should do at least 2006 and 2007 if you in fact did have foreign income.

I did have foreign income, but I was not living in the US (I was unaware that I had EVER had to file a US tax return). I have been a PR of Canada since I could Remember. So should I wait now until I get the ITINs back before I submit my 2006 and 2007 taxes? How do I submit these taxes?

[eklondon 0]

I guess I'll post my questions, Just wanted to verify that I am doing this correctly.

Part 3

8, checked 'I am the sponsor' and also check 'yes'

9, checked 'I am sponsoring ...' Should this be checked as it says 'Don not include any relative listed on a separate visa petition'

a. List name of child

b. List name of child

c. List name of child

10. 4

Part 5

21 a 4

b 1

h 5

Part 6

22 a checked

23 my income

24 a my income (meets/exceeds the 125%)

b nothing

c my income (meets/exceeds the 125%)

d nothing

e nothing

25 - THIS IS WHERE I NEED HELP

2008 was my first year ever filing in the USA (I was unaware that I ever had to file)

I have filed my 2008 taxes with the request for ITINs (Mailed away - upto 8 week wait)

I can Provide any / all pay stubs from work, and also have a letter of employment done

When I get the ITINs - should I electronically file my foreign Income ASAP for 2006 & 2007 ?

Part 7 - Leave blank

[kevinbui86 0]

I guess I'll post my questions, Just wanted to verify that I am doing this correctly.

Part 3

8, checked 'I am the sponsor' and also check 'yes'

9, checked 'I am sponsoring ...' Should this be checked as it says 'Don not include any relative listed on a separate visa petition'

a. List name of child

b. List name of child

c. List name of child

10. 4

Part 5

21 a 4

b 1

h 5

Part 6

22 a checked

23 my income

24 a my income (meets/exceeds the 125%)

b nothing

c my income (meets/exceeds the 125%)

d nothing

e nothing

25 - THIS IS WHERE I NEED HELP

2008 was my first year ever filing in the USA (I was unaware that I ever had to file)

I have filed my 2008 taxes with the request for ITINs (Mailed away - upto 8 week wait)

I can Provide any / all pay stubs from work, and also have a letter of employment done

When I get the ITINs - should I electronically file my foreign Income ASAP for 2006 & 2007 ?

Part 7 - Leave blank

attach a notarized statement saying that you didn't work in 2006 and 2007 so therefor are not required to file. submit your 2008 return or transcript. get a current employment letter and all of this years's pay stub. then you should be all set. whats really important at the interview is your ability to support her now and in the future. so all they care about is your CURRENT INCOME, not the previous years

[eklondon 0]

attach a notarized statement saying that you didn't work in 2006 and 2007 so therefor are not required to file. submit your 2008 return or transcript. get a current employment letter and all of this years's pay stub. then you should be all set. whats really important at the interview is your ability to support her now and in the future. so all they care about is your CURRENT INCOME, not the previous years

ty for your reply. The issue here is that I did work. I was working/living in Canada.

[trailmix 77]

Hi - yes you will have to file at least 3 years of taxes, so 2005 and 2006 - they may ask you to file more - but that's between you and the IRS - for your visa petition you need to file at least those. The reason being - question 25. The word from the IRS on this is here.

Now since im assuming that your wife is Canadian and has not worked in the U.S. recently - you could file 2005 and 2006 as Married filing Separately - that way you would not have to wait for the ITINs. ie: if there is no tax advantage to you filing jointly.

I guess I'll post my questions, Just wanted to verify that I am doing this correctly.

Part 3

8, checked 'I am the sponsor' and also check 'yes'

9, checked 'I am sponsoring ...' Should this be checked as it says 'Don not include any relative listed on a separate visa petition'

a. List name of child

b. List name of child

c. List name of child[/b]

This part i'm not really familiar with - but you did file separate petitions for your children? Also, assuming all of your children are under 18 and will automatically become citizens upon entering the U.S. as immigrants - have you checked out the I-864W, Intending Immigrant's Affidavit of Support Exemption? Now I know that you exceed the poverty level requirements - however the I-864W is a really simple form and if they qualify it could save you a lot of time.

Part 5

21 a 4

b 1

h 5

This is correct

Part 6

22 a checked

23 my income

24 a my income (meets/exceeds the 125%)

b nothing

c my income (meets/exceeds the 125%)

d nothing

e nothing

This is correct - however one other thing - unless it says 'Optional' (like in the assets portion) - put an N/A in the field - don't leave it blank - at least in the first line of each area.

25 - THIS IS WHERE I NEED HELP

2008 was my first year ever filing in the USA (I was unaware that I ever had to file)

I have filed my 2008 taxes with the request for ITINs (Mailed away - upto 8 week wait)

I can Provide any / all pay stubs from work, and also have a letter of employment done

When I get the ITINs - should I electronically file my foreign Income ASAP for 2006 & 2007 ?

In addition to what I said above about filing 2005 and 2006 - you will have to do it post haste, before you answer this question - because you have to state that you have already filed them.

Anyway if you want to talk this through, I am happy to call you, just send me a pm with your phone number and a good time to call.

Cheers