I-864 question: Form doesn't apply to my # of tax returns

[minibadger 1]

Hi,

I tried asking this in the appropriate thread, but it seems nobody reads it there.

I have a question about I-864, question #25, where it says,

[ ] 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.

My total income (adjusted gross income on IRS form 1040EZ) as reported on my Federal tax returns for the most recent three years was:

[here, form requets tax year and total income for last three years]

The form itself doesn't leave me any other option than to tick the box next to this question (or not) despite that it's referring to multiple things at once. My situation doesn't really apply.

I will be attaching the most recent tax return, but I did not file returns for the other two years, as I was a student and only working part-time, and thus didn't meet the amounts required to file.

So what do I do, as for the form? I assume not checking the box will make more of a problem than otherwise, but don't want to be dishonest to a technicality on the wording on the form.

Check the box, don't check the box? Attach a Supplement to the form after checking or not checking the box? What should I write in the areas where it asks what I earned/filed in the 2nd and 3rd most recent years, and why are they asking this (especially in this way) if, by their own guidelines, the most recent tax year is mostly all that matters?

[Gary and Alla 3,694]

Hi,

I tried asking this in the appropriate thread, but it seems nobody reads it there.

I have a question about I-864, question #25, where it says,

[ ] 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.

My total income (adjusted gross income on IRS form 1040EZ) as reported on my Federal tax returns for the most recent three years was:

[here, form requets tax year and total income for last three years]

The form itself doesn't leave me any other option than to tick the box next to this question (or not) despite that it's referring to multiple things at once. My situation doesn't really apply.

I will be attaching the most recent tax return, but I did not file returns for the other two years, as I was a student and only working part-time, and thus didn't meet the amounts required to file.

So what do I do, as for the form? I assume not checking the box will make more of a problem than otherwise, but don't want to be dishonest to a technicality on the wording on the form.

Check the box, don't check the box? Attach a Supplement to the form after checking or not checking the box? What should I write in the areas where it asks what I earned/filed in the 2nd and 3rd most recent years, and why are they asking this (especially in this way) if, by their own guidelines, the most recent tax year is mostly all that matters?

You need to provide the gross amount you made in those years and reported on your tax returns OR explain why you did not file. You were not exempt from filing, hate to break the news to you. The amount of money made in order to be required to FILE taxes is very low, ($600 I believe without referring to the books). It is very likely you did not have to PAY TAX which is entirely different from needing to file tax returns. If you really did not meet the amount needed to file (refer to the 1040 instructions for that year) then just attach a letter explaining that.

You can download tax forms and instructions for any year by googling 1040/2006 for example. If no tax is owed, there is no penalty for filing late. I sincerely doubt you would owe tax.

They do this as a check and balance with the IRS. The IRS as you will learn in life, likes to find any way they can get you to comply with their confiscation of your earnings. Almost any time you ask for, apply for or do anything with the federal government, there will be some sort of tax inquiry made. In order for there to be an adjustment of status, you must be current on your tax returns.

[minibadger 1]

You were not exempt from filing, hate to break the news to you. The amount of money made in order to be required to FILE taxes is very low, ($600 I believe without referring to the books). It is very likely you did not have to PAY TAX which is entirely different from needing to file tax returns. If you really did not meet the amount needed to file (refer to the 1040 instructions for that year) then just attach a letter explaining that.

You can download tax forms and instructions for any year by googling 1040/2006 for example. If no tax is owed, there is no penalty for filing late. I sincerely doubt you would owe tax.

They do this as a check and balance with the IRS. The IRS as you will learn in life, likes to find any way they can get you to comply with their confiscation of your earnings. Almost any time you ask for, apply for or do anything with the federal government, there will be some sort of tax inquiry made. In order for there to be an adjustment of status, you must be current on your tax returns.

Before starting the K-1 process, I looked this up, and was pretty sure I remembered reading the 1040 forms and seeing them saying that unless I'd made over something like $8,000 gross income, I didn't need to file the 1040, which is a "tax return" that one "files."

Even considering that, I did what you said and googled "1040/2006" and found the 1040 instructions. In a section called, "Do You Have To File?" it says to follow a chart on the page to determine this. For a single person under 65, it says "file a return if your gross income was at least..." and the figure is $8,450. Not $600. Figures like $600 sound more like what you're required to file if you own your own business or are self-employed, or if you had over that amount in unearned income, which is different from wages.

The form does say that "even if you do not otherwise have to file a return, you should blahablah" but it refers to this in the context of qualifying for tax benefits and credits.

I also had no problem with the I-134, nor did I have any problems or notifications of back-taxes due when filing in 2008. I have a hard time believing that the AOS process would stop if someone had, say, come up short on their taxes or missed a year somewhere.

So, yeah. Unless you really understand things so much better as to disprove the instructions on the forms you yourself had me search for, I'll assume I'm mostly fine.

I still would like to know, however, what to do in this situation as for checking the box in Question #25 or not.

Right now I'm leaning toward checking it, but writing in "See Supplement" for the two tax years not filed, and explaining the situation there.

Edited September 30, 2009 by minibadger