Affidavit of Support

[JillA 2]

True, we sent 3 years because we had them in a pile, so just to be safe. But my husband was well over the 125% even on the last year's income tax, and I'm pretty certain we would have been approved with just the previous years tax returns. SO, it is possible to get an RFE if you only send in 1 year and it's cutting close, they may want to see the previous few years as well. But at least you know it's OK to send in 1 year's worth and not 3

[ashenflowers 5]

True, we sent 3 years because we had them in a pile, so just to be safe. But my husband was well over the 125% even on the last year's income tax, and I'm pretty certain we would have been approved with just the previous years tax returns. SO, it is possible to get an RFE if you only send in 1 year and it's cutting close, they may want to see the previous few years as well. But at least you know it's OK to send in 1 year's worth and not 3

ok sorry... I need clarification. lol

Are you talking about the I-134 for the one submitted at the K1 Interview... or the I-864 with AOS... i'm not as concerned with AOS as I am with the interview for the visa.

[JillA 2]

True, we sent 3 years because we had them in a pile, so just to be safe. But my husband was well over the 125% even on the last year's income tax, and I'm pretty certain we would have been approved with just the previous years tax returns. SO, it is possible to get an RFE if you only send in 1 year and it's cutting close, they may want to see the previous few years as well. But at least you know it's OK to send in 1 year's worth and not 3

ok sorry... I need clarification. lol

Are you talking about the I-134 for the one submitted at the K1 Interview... or the I-864 with AOS... i'm not as concerned with AOS as I am with the interview for the visa.

Sorry, I was talking about AOS. I know your primary concern is the K1, but just as info when you're looking ahead to AOS, that's what I meant

For the K-1, we had a letter from his employer stating how much he made, current paystubs, a bank letter stating his savings, and 2 previous income tax filings

[ashenflowers 5]

True, we sent 3 years because we had them in a pile, so just to be safe. But my husband was well over the 125% even on the last year's income tax, and I'm pretty certain we would have been approved with just the previous years tax returns. SO, it is possible to get an RFE if you only send in 1 year and it's cutting close, they may want to see the previous few years as well. But at least you know it's OK to send in 1 year's worth and not 3

ok sorry... I need clarification. lol

Are you talking about the I-134 for the one submitted at the K1 Interview... or the I-864 with AOS... i'm not as concerned with AOS as I am with the interview for the visa.

Sorry, I was talking about AOS. I know your primary concern is the K1, but just as info when you're looking ahead to AOS, that's what I meant

For the K-1, we had a letter from his employer stating how much he made, current paystubs, a bank letter stating his savings, and 2 previous income tax filings

Ok thanks

[Rustbelt 0]

Steve's wife here . . .

We had a similar sort of issue, but we're doing the IR-1, so YMMV.

Steve worked in Canada for almost two of the past three years. He had a full year of income for 2008, but for 2007 he only had a couple of months in the US. We actually waited until we had our 2008 tax return done which delayed us 3 months. We did look into though and were advised (by our lawyer) that recent paystubs + a letter from the employer saying he was permanent and making X dollars would be fine if we didn't want to wait for the 2008 tax return, but we figured that getting the tax return was the safer route.

We're taking three years of tax returns with us just in case, plus recent paystubs and his employer's letter.

[trailmix 77]

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.

You know I shouldn't keep using the abbreviation AOS for adjustment of status - I think that is confusing for this thread

Sapphire, the I-864 requires that you have filed all 3 years tax returns, as pointed out in the instructions that an mah referenced. Now, technically you only have to present the latest return with the I-864, those are the guidelines and that is correct.

However, legally they state that you must have filed those last 3 years of returns, that is why people say you should.

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

Now, maybe they didn't update the instructions completely when they switched it so that you only need to submit 1 year with the I-864 form - I don't know - however I think it's a good idea to file them anyway, personally.

Also in the guidelines, the person adjudicating the file has complete leeway to ask for the other 2 years returns if they think it will help support the person's case.

So just to clarify, for the I-134, 1 year is probably sufficient and not a big deal - for the interview.

For the I-864 he must file the last 3 years of returns, it is required. The reason I mentioned it is that he may as well get it done now while you guys are waiting?

Edited October 5, 2009 by trailmix

[SapphireDreams 71]

Ah I see what you mean about having filed for the past three years but not actually presenting them.

That makes sense.

Ashen - Should be easy enough to have them all filed with his Canadian income or however you fill them out when you don't live in the country... and then just present the most recent.

[ashenflowers 5]

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.

You know I shouldn't keep using the abbreviation AOS for adjustment of status - I think that is confusing for this thread

Sapphire, the I-864 requires that you have filed all 3 years tax returns, as pointed out in the instructions that an mah referenced. Now, technically you only have to present the latest return with the I-864, those are the guidelines and that is correct.

However, legally they state that you must have filed those last 3 years of returns, that is why people say you should.

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

Now, maybe they didn't update the instructions completely when they switched it so that you only need to submit 1 year with the I-864 form - I don't know - however I think it's a good idea to file them anyway, personally.

Also in the guidelines, the person adjudicating the file has complete leeway to ask for the other 2 years returns if they think it will help support the person's case.

So just to clarify, for the I-134, 1 year is probably sufficient and not a big deal - for the interview.

For the I-864 he must file the last 3 years of returns, it is required. The reason I mentioned it is that he may as well get it done now while you guys are waiting?

Yeah.. that's a valid point. He's horrible at procrastinating, and at multi-tasking.. lol.. As soon as he gets together what he needs for the interview, I'll get on him to file a return for 2007, and get the rest of the info for the AOS 'affidavit of support' for AOS 'adjustment of status'...

the thing I'm worried about, with the previous year's returns, is that if they ask for them thinking it will help our case, it will actually do the OPPOSITE. lol

Can I just add that it's SUPER frustrating that I'M the one getting all this information for him, and he can't do it himself, even though it's things that HE needs to do? Just throwing that out there... LOL

[Danu 19]

Can I just add that it's SUPER frustrating that I'M the one getting all this information for him, and he can't do it himself, even though it's things that HE needs to do? Just throwing that out there... LOL

I totally feel for you..Wes doesn't even do his own taxes so I got his tax info from his mom. Pretty much everything else for the I-134 I filled out and then emailed him so he could just print and sign it, cuz when he looks at paperwork his eyes cross and he gets lost. Even found the IRS phone number for him to get his tax transcripts for when we get to the AOS stage

[Gary and Alla 3,694]

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.

The Canadian forum is not my usual hangout but there is a lot of nonsense being bandied about here. There is no need to submit 3 years tax returns for the AOS, only one. You make a statement of earnings for the other two years.

Income earned in Canada would most certainly "count" and would have to be claimed on his US tax return. Because of the tax agreements between US and Canada he can choose which country to pay taxes to but must file returns in BOTH countries. CURRENT income, the income rate he is making the day he completes the I-864 will be the crucial factor. NOT past years income. There is no need to make this year's requirement with last year's income.

Sounds like he will be fine.

[trailmix 77]

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.

The Canadian forum is not my usual hangout but there is a lot of nonsense being bandied about here. There is no need to submit 3 years tax returns for the AOS, only one. You make a statement of earnings for the other two years.

Income earned in Canada would most certainly "count" and would have to be claimed on his US tax return. Because of the tax agreements between US and Canada he can choose which country to pay taxes to but must file returns in BOTH countries. CURRENT income, the income rate he is making the day he completes the I-864 will be the crucial factor. NOT past years income. There is no need to make this year's requirement with last year's income.

Sounds like he will be fine.

Wow lucky you happened upon this so you could dispel all the nonsense.

The bulk of the information in this thread has said that you need to file at least 3 years returns, NOT that you have to submit them with the I-864.

Any income earned in Canada does not count towards the poverty guidelines for the affidavit of support (I-864) - that is a fact. If you have information to the contrary - please provide a link.

Edited October 5, 2009 by trailmix

[ashenflowers 5]

WOW... my fiancé has actually proven that he is a little smarter than I give him credit for... I told him that we might need a 2007 tax return for the U.S. and he said he did indeed file taxes that year even though he didn't live in the U.S... 10 points for him. lol

[trailmix 77]

woot!

[IR5FORMUMSIE 850]

WOW... my fiancé has actually proven that he is a little smarter than I give him credit for... I told him that we might need a 2007 tax return for the U.S. and he said he did indeed file taxes that year even though he didn't live in the U.S... 10 points for him. lol

I wonder if you will entertain the same opinion after you're married.

[IR5FORMUMSIE 850]

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.

The Canadian forum is not my usual hangout but there is a lot of nonsense being bandied about here. There is no need to submit 3 years tax returns for the AOS, only one. You make a statement of earnings for the other two years.

Income earned in Canada would most certainly "count" and would have to be claimed on his US tax return. Because of the tax agreements between US and Canada he can choose which country to pay taxes to but must file returns in BOTH countries. CURRENT income, the income rate he is making the day he completes the I-864 will be the crucial factor. NOT past years income. There is no need to make this year's requirement with last year's income.

Sounds like he will be fine.

Wow lucky you happened upon this so you could dispel all the nonsense.

The bulk of the information in this thread has said that you need to file at least 3 years returns, NOT that you have to submit them with the I-864.

Any income earned in Canada does not count towards the poverty guidelines for the affidavit of support (I-864) - that is a fact. If you have information to the contrary - please provide a link.

I'm with you on this one trailmix. You do not have to submit 3 years of returns with I-864 but in practice when you get the Tax Transcript from the IRS (Form 4506-T) you should request 3 years and then you won't have any problems. I got that info from the NVC, but that was for Mom and Pop (IR5) so it may be different for other categories. They do look carefully at these documents. I recall the Movie Voice Guy asking my brother's profession (Doctor of Medicine) and wondering why his income was so low (they don't pay Residents much). His income, even as a Resident, was more than double the poverty guideline but the question still surprised me. Several other people who were at MTL with me awaiting their decisons told me that they too had the same type of question.