I-864

[Leo&Farah 0]

In browsing this long winded form and instructions to fill up and looking at the sample form, something leaves me stumped.

Theres a box to tick saying something to the effect of "I have filed tax returns for the past three years" along with the years listed and a section for each year to fill up with your income.

We only have two years tax return filed (including the upcoming one now), 2009 and 2008. No taxable income was made in 2007 so there is no return.

Do we tick this box despite only having two years tax return?

As added info, the latest tax return+W2+1099 will show us as well over 125% of the 2009 poverty guidelines for a household of two and the paystubs/letter from employer will prove this so we do not think a co-sponsor is needed just because there is no 2007 tax return.

PS: Does anyone know if the USCIS 2010 poverty guideline is out?

[katie & sifa 25]

I know 2010 poverty guidelines haven't been posted - I think the last I heard (this is something we have to keep track of for my job, so we actually are notified when it's updated) they may have it out in March sometime.

As for your other question, I hope you get an answer - I have the same situation! Filed in 2008 & 2009, but in 2007 I only made $2700 (I was in the Peace Corps) so I didn't file - I have my W2 & paperwork from Peace Corps saying I didn't need to file that year...but while I would assume you DON'T check the box since you didn't file in 2007 how do you indicate that you DID file 2 of the last 3 years & have a reason for not filing the other year? Just attach the paperwork & fill in the blanks for taxable income?

[Anh map 2,098]

Check the box and include the appropriate letter/affidavit regarding the non-filing along with the tax returns/transcripts.

From the I-864 instructions, pg. 8:

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.

[Leo&Farah 0]

Thanks for the replies. We'll just check the box then, fill up the income as appropriate and attach a letter as to why 2007 taxes are missing.