Jump to content
Glas64

I cant`t provide a 1040 form

 Share

24 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline

Good day, Here is my question/concern. Since my only income is from Social Security Disability I have not had to file income tax form the past few years.I had checked with the IRS and they assured me that I did not have to file. From what I understand I must submit recent tax returns. What should I do ? I don`t expect to get the NOA2 for a few months yet. Should I file a 1040 now just to show I had filed a return and to prevent any delays ? Any advice you can pass along would be appreciated

Link to comment
Share on other sites

I think you can include a letter stating that you do not file, and why you do not have to file taxes.

Married: 01/02/09

I-130 filed: 11/06/09

NOA1: 11/13/09

NOA2: 02/11/10

NVC received: 02/18/10

Case complete @ NVC: 04/14/10

Interview @ Montreal: 07/13/10 - Approved

POE: Sweetgrass, MT, 08/07/10

Filed for ROC: 07/20/12

Biometrics appt: 08/24/12

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

Does your income meet the 125% poverty requirement?

If not then you'll need a co-Sponsor anyway.

No, . If my fiance arrives my household will be 3 people. I`m about $2500 per year short of the 125 % My condo is paid for in full and I don`t have a car payment. I live a comfortable life on the Disability income. What I think is unfair is that I can make $20,000 and live a comfy life but I`m still rejected by the USCIS. However, someone could make $50,000 per year and be living paycheck to paycheck yet they would be approved.

I realize that the co sponsor is a option but it`s the last thing I want to do

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline

Good day, Here is my question/concern. Since my only income is from Social Security Disability I have not had to file income tax form the past few years.I had checked with the IRS and they assured me that I did not have to file. From what I understand I must submit recent tax returns. What should I do ? I don`t expect to get the NOA2 for a few months yet. Should I file a 1040 now just to show I had filed a return and to prevent any delays ? Any advice you can pass along would be appreciated

You must submit tax returns OR an explanation why you did not file. Submit the explanation and cite the tax code that allows you not to submit a tax return.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline

No, . If my fiance arrives my household will be 3 people. I`m about $2500 per year short of the 125 % My condo is paid for in full and I don`t have a car payment. I live a comfortable life on the Disability income. What I think is unfair is that I can make $20,000 and live a comfy life but I`m still rejected by the USCIS. However, someone could make $50,000 per year and be living paycheck to paycheck yet they would be approved.

I realize that the co sponsor is a option but it`s the last thing I want to do

Your condo cannot be counted as it is YOUR home. Assets have to be something you can LIQUIDATE without adversely affecting the family. where do you live if you liquidate (sell) your home?

You misunderstand the purpose of the affidavit and that is why it seems unfair. First, understand that NO ONE in the government cares if you or your fiancee live a comfortabe life or live in a refrigerator box under a bridge. NONE. NO ONE.

What they CARE about is being able to COLLECT from you any money that your fiancee/wife may receive in welfare benefits in violation of the agreement. That is all. They can confiscate money from your paycheck before anyone else. They will GET THEIRS if you have an income or assets. But they cannnot force you to sell your promary home and therfore, for THEIR purpose it is NOT an asset because they cannot take it away from you!

The guy who makes $50,000 and lives paycheck to paycheck can have a large percentage of his income CONFISCATED and then he can live in a box and the government doesn't care. They do not care about car payments. You could have an income of $30,000 and expenses of $35,000 and you qualify. Why? Because they will just take what they need and everyone else can get in line behind them. They do not care if someone else repossesses your car(s), boats, you defualt on credit cards etc. They go first...always.

You need to make enough for a family of three. $2500 is a small amount to make up, there ought to be a way. Maybe a relative or friend has some work you can do for them and you can be a self employed contractor for the remainder of the necessary income.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline

your condo can be counted as an asset.

Nope. Because he lives there and cannot liquidate it without harming the family. Oddly enough...OP Please pay careful attention...

He could RENT the condo for $1000 per month (even if the payment was $2000 per month) and live somewhere else for $2000 per month and COUNT the rental as INCOME and add it to his current disability and he qualifies! Even though ALL his income is consuled by "rent" he still qualifies! Why?

because the government could CONFISCATE the rental apartment and his income from the rental. There are other ways to MAKE MONEY such as RENT PROPERTY.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline

seems strange but i'm sure some one bought some votes writing these rules.

Not sure if it was votes. One of the concepts is that as a US citizen you are entitled (have a right to) marry anyone you want. I agree. The concept is also that you have the right to have your spouse live with you in the USA...you do. The concept is that other US citizens are not responsble for the immigrant wife/family YOU bring here, OK, so far? You can do it, but you have to pay for it. And you have to be able to pay for it if these people end up collecting welfare when you promised they would not as part of the deal you made with the other citizens of the US, then the government has to have a way to forcibly TAKE the money from you to reimburse the rest of us.

The whole purpose of all this "stuff" is to insure that people do not abuse this very special right held by US citizens and Residents by corrupting it and abusing it and bringing people here that are not really "spouses" and have no intent to be "spouses" That is all. Because we have this right, citizens, this EXPEDITED method of immigration for our family members (and eve fiancees, a lot of countries do not allow "fiancee visas") We, citizens, want the government to protect that right by making sure people not entitled to it do not abuse it. And we, citizens, want to make sure we do not have to pay for people YOU decide to bring to our country.

If you cannot guarantee the other citizens of the country that you can provide for the family you wish to bring here...no deal. "No money, no Honey". No such system designed to protect other people from YOUR decisions can be perfect and "fair" for each person, but we have to have something. I think, personally, that 125% of poverty guideline is WAY LOW to qualify, but it is not my call and I really do not care how comfortably someones else's family lives. I think we need rock solid safeguard to prevent family immigrants from receiveing welfare and then the whole point is moot and who cares?

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites

Filed: K-1 Visa Country: Ukraine
Timeline

I am all for people paying for there spouse kids or any money they receive from the tax payers. the part I didn't know was they cant take your house to collect. there are of course exceptions to the rule such as the IRS or as it has done in the recent past global revenue service. unless there excluded from taking the house and can only take your lively hood

Link to comment
Share on other sites

You can always just file your taxes now. If you don't owe anything then there isn't a problem. Just a lot of paperwork.

My guess would be it is a lot easier than trying to explain why you don't have them.

I-129F Sent : 2009-09-02
I-129F NOA1 : 2009-09-04
I-129F NOA2 : 2010-01-04
NVC Received : 2010-01-12
Consulate Received : 2010-01-20
Packet 3 Received : 2010-01-20
Packet 4 Received : 2010-01-22
Interview Date : 2010-02-16
Interview Result : Approved
Visa Received : 2010-02-18
US Entry : 2010-03-02
Marriage : 2010-04-21
AOS Date Filed : 2010-05-29
AOS NOA Date : 2010-06-07
Bio. Appt. : 2010-12-01
Interview Date : 2011-01-12
Approval Date : 2011-01-12
Got I551 Stamp : No
Green Card: 2011-01-22

Lifting Cond Filed: 2012-11-06

Lifting Cond NOA: 2012-11-09

Lifting Cond Bio: 2012-11-30 (early @ 2012-11-28)

Lifting Cond Approval: 2013-05-28

Lifting Cond Card: *waiting*

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

May be an issue with a co sponsor in this situation.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline

Your condo cannot be counted as it is YOUR home. Assets have to be something you can LIQUIDATE without adversely affecting the family. where do you live if you liquidate (sell) your home?

You misunderstand the purpose of the affidavit and that is why it seems unfair. First, understand that NO ONE in the government cares if you or your fiancee live a comfortabe life or live in a refrigerator box under a bridge. NONE. NO ONE.

What they CARE about is being able to COLLECT from you any money that your fiancee/wife may receive in welfare benefits in violation of the agreement. That is all. They can confiscate money from your paycheck before anyone else. They will GET THEIRS if you have an income or assets. But they cannnot force you to sell your promary home and therfore, for THEIR purpose it is NOT an asset because they cannot take it away from you!

The guy who makes $50,000 and lives paycheck to paycheck can have a large percentage of his income CONFISCATED and then he can live in a box and the government doesn't care. They do not care about car payments. You could have an income of $30,000 and expenses of $35,000 and you qualify. Why? Because they will just take what they need and everyone else can get in line behind them. They do not care if someone else repossesses your car(s), boats, you defualt on credit cards etc. They go first...always.

You need to make enough for a family of three. $2500 is a small amount to make up, there ought to be a way. Maybe a relative or friend has some work you can do for them and you can be a self employed contractor for the remainder of the necessary income.

Gary, this is wrong in so many ways that I'm not sure where to start.

First, you can use the net value of your home as an asset. Yes, this means the home you currently live in. Please see the I-864 instructions, page 8.

The assets and income are not collateral. This is not a loan from the US government. This is also not the IRS. They cannot simply confiscate the assets you listed on an I-864 if the sponsored immigrant collects means tested benefits. They have to go to court to get an order to force the sponsor to pay anything, and it's up to the court to determine which assets, if any, would need to be liquidated in order to satisfy the debt. If the courts determine you need to liquidate your home, then you need to liquidate your home, whether it's listed on the affidavit of support or not. Please read 8 CFR, section 213a. Collection action begins with a written notice to the sponsor. The only role USCIS has is to provide a copy of the signed affidavit to the agency claiming reimbursement. Any further collection action requires a lawsuit in civil court.

The purpose of listing assets on the affidavit of support is to show that you have access to cash, within a reasonable amount of time (12 months), if needed to support the immigrant. It is not a form of collateral which a government agency will then have the authority to seize. It's presumed that a sponsor could cash out equity in a home, including the home they live in, with a home equity loan or line of credit, without having to sell the home outright.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...