Affidavit of Support

[ashenflowers 5]

No, they really aren't jerks about it, however, before he files the I-864 he will need U.S. returns for the last 3 years - which, since he has now lived in the U.S. for a year and half, he should have by the time you get around to AOS.

But don't you file AOS right after getting married? He will only have returns from 2008 and 2009 at that point.

Or are you talking about when we file for the green card 2 years later?

Edited October 4, 2009 by ashenflowers

[trailmix 77]

No I mean for AOS.

Here is the thing. Technically, as an American citizen, he is required to file returns with the IRS every year (unless he falls under their income cut off for that year, which is very low btw - differs from year to year but think in the $8000 range.

He needs to file a 2007 return really. As someone mentioned, they don't normally ask for the other 2 years from AOS applicants though, so you could take the risk and just not file it.

Edited October 4, 2009 by trailmix

[Anh map 2,098]

The instructions are clear. From page 8 of the I-864 instructions:

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 FilingInstructions to determine whether you were required to file.

A bit of scolding: This is serious stuff. You need to get past the emotional "jerks" type of thinking. It doesn't help you in obtaining the desired visa for you and your SO, and for your successfully adjust status a few months after marrying.

Prepare well and you will move through the process smoothly.

[Kathryn41 3,205]

Just as an additional bit of information - Canada and US have a tax treaty to ensure individuals of one country working in the other don't get hit with double taxation. Your fiance will need to fill out and file a US tax return but he would take a foreign tax credit on his worldwide income which basically means he doesn't pay taxes to the US, he just files the form. This is something he needs to look into now, though, as he will need the tax returns. Good luck.

Edited October 4, 2009 by Kathryn41

[ashenflowers 5]

The instructions are clear. From page 8 of the I-864 instructions:

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 FilingInstructions to determine whether you were required to file.

A bit of scolding: This is serious stuff. You need to get past the emotional "jerks" type of thinking. It doesn't help you in obtaining the desired visa for you and your SO, and for your successfully adjust status a few months after marrying.

Prepare well and you will move through the process smoothly.

I'm not talking about the I 184... I'm talking about the I 134. As trailmix mentioned, they are quite different in their requirements. Please refrain your 'scolding' for when it is needed. I'm not stupid. I'm just looking for help, not to be treated like a 10 year old.

Just as an additional bit of information - Canada and US have a tax treaty to ensure individuals of one country working in the other don't get hit with double taxation. Your fiance will need to fill out and file a US tax return but he would take a foreign tax credit on his worldwide income which basically means he doesn't pay taxes to the US, he just files the form. This is something he needs to look into now, though, as he will need the tax returns. Good luck.

Thank you Kathryn. I will tell him to get his act together, since he seems incapable of doing it on his own. lol

[Hugglebuggles 60]

I have a story that may ease your mind, but I really can't confirm this 100%, as it is not my own personal experience. I know someone personally, without mentioning names, that had their K-1 interview the same day as mine. Afterward she told me that the CO gave her some extra questioning regarding the I-324. Apparently, her husband (fiance at the time) either did not meet the income requirements, or just barely hit the 100% mark since he relocated to a different state and took several months to secure income. She provided a number of recent pay stubs showing sufficient income and explained the situation and they approved the visa, on the spot, without any additional prof provided. I'm sorry that I can't tell you exactly how much he made, but she seemed to indicate to me that he didn't really meet the requirement. So there is hope!

If it were me (which I know its not!) I would come in armed with the 2008 tax return, a letter from your fiances employer stating his standing in the company and indicating his current wages with the recent pay raise, and as many pay stubs as you can collect between now and the interview. If this isn't enough and they want more information, then I'd go back to the drawing board and consider your options.

Also, with the I-864 you are only technically required to submit the most recent year of tax returns, it says so right on the form instructions.

[ashenflowers 5]

I have a story that may ease your mind, but I really can't confirm this 100%, as it is not my own personal experience. I know someone personally, without mentioning names, that had their K-1 interview the same day as mine. Afterward she told me that the CO gave her some extra questioning regarding the I-324. Apparently, her husband (fiance at the time) either did not meet the income requirements, or just barely hit the 100% mark since he relocated to a different state and took several months to secure income. She provided a number of recent pay stubs showing sufficient income and explained the situation and they approved the visa, on the spot, without any additional prof provided. I'm sorry that I can't tell you exactly how much he made, but she seemed to indicate to me that he didn't really meet the requirement. So there is hope!

If it were me (which I know its not!) I would come in armed with the 2008 tax return, a letter from your fiances employer stating his standing in the company and indicating his current wages with the recent pay raise, and as many pay stubs as you can collect between now and the interview. If this isn't enough and they want more information, then I'd go back to the drawing board and consider your options.

Also, with the I-864 you are only technically required to submit the most recent year of tax returns, it says so right on the form instructions.

Thanks Huggles

The instructions are clear. From page 8 of the I-864 instructions:

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 FilingInstructions to determine whether you were required to file.

A bit of scolding: This is serious stuff. You need to get past the emotional "jerks" type of thinking. It doesn't help you in obtaining the desired visa for you and your SO, and for your successfully adjust status a few months after marrying.

Prepare well and you will move through the process smoothly.

I'm not talking about the I 184... I'm talking about the I 134. As trailmix mentioned, they are quite different in their requirements. Please refrain your 'scolding' for when it is needed. I'm not stupid. I'm just looking for help, not to be treated like a 10 year old.

Sorry... I meant 'not I-864' obviously. Either way. lol

[LeprechaunSean 0]

I'm just putting the finishing touches on my I-864's tonight. I've filed my US taxes for the past three years, which were all in canada (used forms 1040 and 2555). I've got a letter from my employer stating my monthly income complete with contact #'s and addresses, and then I've got every paystub from july till now(and up to interview of course).

I can't see them needing anything other than that, so if ashenflower's fiance can come up with a letter to go along with his paystubs, he should be ok as long as he gets his taxes done.

I don't quite understand why your past income is canada doesn't matter-maybe because you're no longer with that employer?

[Danu 19]

I'm just putting the finishing touches on my I-864's tonight. I've filed my US taxes for the past three years, which were all in canada (used forms 1040 and 2555). I've got a letter from my employer stating my monthly income complete with contact #'s and addresses, and then I've got every paystub from july till now(and up to interview of course).

I can't see them needing anything other than that, so if ashenflower's fiance can come up with a letter to go along with his paystubs, he should be ok as long as he gets his taxes done.

I don't quite understand why your past income is canada doesn't matter-maybe because you're no longer with that employer?

because its canadian income taxes in canada and you won't be recieving that income in the states (presumably)

[LeprechaunSean 0]

I'm just putting the finishing touches on my I-864's tonight. I've filed my US taxes for the past three years, which were all in canada (used forms 1040 and 2555). I've got a letter from my employer stating my monthly income complete with contact #'s and addresses, and then I've got every paystub from july till now(and up to interview of course).

I can't see them needing anything other than that, so if ashenflower's fiance can come up with a letter to go along with his paystubs, he should be ok as long as he gets his taxes done.

I don't quite understand why your past income is canada doesn't matter-maybe because you're no longer with that employer?

because its canadian income taxes in canada and you won't be recieving that income in the states (presumably)

yeah that's what I pretty much figured...

[trailmix 77]

The instructions are clear. From page 8 of the I-864 instructions:

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 FilingInstructions to determine whether you were required to file.

A bit of scolding: This is serious stuff. You need to get past the emotional "jerks" type of thinking. It doesn't help you in obtaining the desired visa for you and your SO, and for your successfully adjust status a few months after marrying.

Prepare well and you will move through the process smoothly.

Anh mah - you need to take a deep breath and calm down. There is no reason to come rushing in to a friendly thread like a bull in a china shop - I mean really, - if you are perhaps tired of answering this question in a respectful and polite manner, then please....just don't.

ashenflowers - it is true that the I-864 will require him to file 3 years of tax returns - so he will have to do that 3rd year for your AOS (because you will submit the I-864 at that point).

I should not have said that you could take a risk and just not file it - not for the I-864 (don't know what I was thinking)

Edited October 5, 2009 by trailmix

[ashenflowers 5]

Thanks trailmix...

And L-Sean.. just to clarify, I am currently talking only in reference to the I-134 for the initial K-1 visa interview at the consulate, which has slightly different instructions. That's good info to have for later though. Let me know how if they say anything about your Canadian income.

[SapphireDreams 71]

The instructions are clear. From page 8 of the I-864 instructions:

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 FilingInstructions to determine whether you were required to file.

A bit of scolding: This is serious stuff. You need to get past the emotional "jerks" type of thinking. It doesn't help you in obtaining the desired visa for you and your SO, and for your successfully adjust status a few months after marrying.

Prepare well and you will move through the process smoothly.

Anh mah - you need to take a deep breath and calm down. There is no reason to come rushing in to a friendly thread like a bull in a china shop - I mean really, - if you are perhaps tired of answering this question in a respectful and polite manner, then please....just don't.

ashenflowers - it is true that the I-864 will require him to file 3 years of tax returns - so he will have to do that 3rd year for your AOS (because you will submit the I-864 at that point).

I should not have said that you could take a risk and just not file it - not for the I-864 (don't know what I was thinking)

The I-184 only requires 1 year of income taxes, 3 years if you think it helps you case. Like Huggles mentioned it says it right there in the instructions. I'm not sure why everyone keeps saying we need all 3 years. We only submitted one year.

[ashenflowers 5]

The instructions are clear. From page 8 of the I-864 instructions:

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 FilingInstructions to determine whether you were required to file.

A bit of scolding: This is serious stuff. You need to get past the emotional "jerks" type of thinking. It doesn't help you in obtaining the desired visa for you and your SO, and for your successfully adjust status a few months after marrying.

Prepare well and you will move through the process smoothly.

Anh mah - you need to take a deep breath and calm down. There is no reason to come rushing in to a friendly thread like a bull in a china shop - I mean really, - if you are perhaps tired of answering this question in a respectful and polite manner, then please....just don't.

ashenflowers - it is true that the I-864 will require him to file 3 years of tax returns - so he will have to do that 3rd year for your AOS (because you will submit the I-864 at that point).

I should not have said that you could take a risk and just not file it - not for the I-864 (don't know what I was thinking)

The I-184 only requires 1 year of income taxes, 3 years if you think it helps you case. Like Huggles mentioned it says it right there in the instructions. I'm not sure why everyone keeps saying we need all 3 years. We only submitted one year.

Thanks Sapphire... that helps a lot!

And also L-Sean, I noticed you are filing via DCF, so your income requirements would be different in terms of where they came from. I'm sure it's expected that some of your income is Canadian.

Edited October 5, 2009 by ashenflowers

[SapphireDreams 71]

Here is a direct quote from the instructions:

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 three most recent years.

Obviously it's safer to have 3 years worth, but it's not mandatory.