I-864 Question!

[Walace 0]

My wife: Also the petitioner has to send a I-864.

She never filled a Tax Return because until last year she was a Dependent of her parents.

She was a dependent because on the publication 17 says that any person under 24 years old and a full time student that lives in the same house of the parents is considered a child and can be declared as a dependent by them.

so... on the I-864 part 6 n. 25 i did not check any box and instead I wrote a note: "I did not file a tax returns for the last three years. Please see written explanation attached to form."

So, I'm wondering how should I explain it on the written explanation and what would be a supporting evidence. I have in hands a copy of her parents last year tax return and she is declared as a dependent there. Should I also print the page that show how to see if your daughter classifies as a child on the publication 17? And from that get a affidavit from her school that she was a full time student last semester and print her driver's license that still with her single name and her Address that matches her parent's? She also has a Military ID stating that she is (was) a dependent of her father. It still valid. Expiration date is in December. I don't know what would help but if you guys had gone though the same problem I am going help-me!

Thanks in advance.

[Walace 0]

uppp

[Nich-Nick 3,354]

The USCIS pretty much knows the tax laws so you don't need to send Pub 17, but you can take your statement from it. Something like "I did not file a tax return for the years _____ because I was a full time student, under 24 years old living in the same household of my parents, who claimed me as their dependent. " But you should add something about her being unemployed or earning under $_____ (look up the amount in the tax code) and was therefore not required to file an individual return. That's the important part because even when people are claimed by their parents, those with enough income still have to file a return. They just can't take the same deductions their parents took for them. No double dipping so to speak.

They don't need alot of documentation, just want to know a valid reason why she didn't file.

[Walace 0]

The USCIS pretty much knows the tax laws so you don't need to send Pub 17, but you can take your statement from it. Something like "I did not file a tax return for the years _____ because I was a full time student, under 24 years old living in the same household of my parents, who claimed me as their dependent. " But you should add something about her being unemployed or earning under $_____ (look up the amount in the tax code) and was therefore not required to file an individual return. That's the important part because even when people are claimed by their parents, those with enough income still have to file a return. They just can't take the same deductions their parents took for them. No double dipping so to speak.

They don't need alot of documentation, just want to know a valid reason why she didn't file.

OK... so that is what I got so far:

BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

UNITED STATES DEPARTMENT OF HOMELAND SECURITY

I, Nicole Elizabeth Vieira, did not file a tax return for the years 2006, 2007 and 2008 because I was a full time student, under 24 years old living in the same household of my parents, who claimed me as their dependent.

During the year of 2006 I worked for Boston’s as a cook during the months of June and July but my earned income was less than $5.150.

I was unemployed during the year of 2007 and 2008.

June 23, 2009 ___________________________________________.

Will I have to send them her w2 for the year of 2006?!? It's very unavailable.

I HATE ALL THIS BUREAUCRACY!

[Walace 0]

My question now is.... should I try to get the w2 for her 2006 job?

well... I guess that the income that matters is my joint sponsor right?

the only supporting proof to send with this affidavit is her parents 2008 tax return that shows her as a dependent and a Military ID in which she is a dependent of her parents.

[Walace 0]

My question now is.... should I try to get the w2 for her 2006 job?

well... I guess that the income that matters is my joint sponsor right?

the only supporting proof to send with this affidavit is her parents 2008 tax return that shows her as a dependent and a Military ID in which she is a dependent of her parents.

The i-864 Checklist says:

Federal Income Tax Return: Include a photocopy or Internal Revenue Service (IRS) transcript* even if

you filed electronically, with all supporting schedules and/or W-2s for the most recent federal income tax

return. *To request IRS-generated transcripts or copies of your tax return, visit the IRS website.

- The return must have all pages in the correct order and stapled together

- If you did not have to file a tax return, attach a written explanation and a copy of the

instructions from the IRS publication that shows you were not obligated to file. For general

information on income tax obligations, visit the IRS website.

By the checklist file they only want and written explanation and the page that shows that she was not obligated to file...

What do you guys think? Is the explanation OK??

[Walace 0]

would this second version of the affidavit be better?

BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

UNITED STATES DEPARTMENT OF HOMELAND SECURITY

I, Nicole Elizabeth Vieira, did not file a tax return for the year of 2008 because I was a full time student, under 24 years old living in the same household of my parents, who claimed me as their dependent.

I did not receive any income on the year of 2008.

June 22, 2009 _____________________________________________________.

[panpan 0]

I think your letter is fine. My wife was a full time student for the past years too, never filed tax returns. but now she got a job just a month ago, and makes 30,000 a year. So We will just gonna write the same letter, and attach her pay information ( company letter, payslips).

would this second version of the affidavit be better?

BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

UNITED STATES DEPARTMENT OF HOMELAND SECURITY

I, Nicole Elizabeth Vieira, did not file a tax return for the year of 2008 because I was a full time student, under 24 years old living in the same household of my parents, who claimed me as their dependent.

I did not receive any income on the year of 2008.

June 22, 2009 _____________________________________________________.