Confused about I-864 instructions

[joyjohn 18]

Yes, I'm aware of that, but if you look further down in the instructions, you'll see that it says:

If you were required to file a federal tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 affidavit of support.

That's the part that I was referring to. It seems that if you didn't file when you were supposed to, you have to file and then obtain IRS transcripts.

If we do that, the transcripts might take months to come, which is no good because we need to file ASAP

mine is a little different than yours , but under #25 on I-864 i had to attached a paper telling them why iam not required to file a tax return and all the supporting document.s. this also is in the I-864 instruction. I also only use my 2010 tax year but have the 2009 and 2008 here if needed...but #25 has 2 boxes u can check either or both either this year or the last 3 years.....the manila embassy only asks for the most resent tax year.....so what i see in yours is different but the instruction are the same, i'd probably just sent the 2010 but be able to back the rest up..

[doctorbeat 6]

Nah, you'll survive. It may cause you to have any extra sip or two.

File the 09 return asap, send in the AOS package, and if the RFE comes, get the transcript.

Yep, she's getting both her 2009 and 2010 returns done tomorrow afternoon.

We'll just send the 2010 one with the affidavit, but we'll request a transcript of the 2009 one from the IRS so we have it ready if we get an RFE for it.

We'll also have the letter explaining why she didn't have to file for 2008 already done, so our response to the RFE can be ready to send the day we receive it.

[joyjohn 18]

Yep, she's getting both her 2009 and 2010 returns done tomorrow afternoon.

We'll just send the 2010 one with the affidavit, but we'll request a transcript of the 2009 one from the IRS so we have it ready if we get an RFE for it.

We'll also have the letter explaining why she didn't have to file for 2008 already done, so our response to the RFE can be ready to send the day we receive it.

yep thats what iam doing, showing the 2010 but haveing the 2008,and2009 ready if they ask, which they probably will, cause its hard for them to understand how you can make almost 30,000.00 and not have to file a tax return. the I-864 isnt design for all US citizen that dont work , cant work, or other...good luck.

[doctorbeat 6]

yep thats what iam doing, showing the 2010 but haveing the 2008,and2009 ready if they ask, which they probably will, cause its hard for them to understand how you can make almost 30,000.00 and not have to file a tax return. the I-864 isnt design for all US citizen that dont work , cant work, or other...good luck.

I wonder, do they actually check with the IRS to see if you failed to file, or if you filed late for any particular year?

Is the IRS even allowed to give out this information without a court order?

How would UCIS even know if you filed late?

[joyjohn 18]

I wonder, do they actually check with the IRS to see if you failed to file, or if you filed late for any particular year?

Is the IRS even allowed to give out this information without a court order?

How would UCIS even know if you filed late?

i dont know......the I-864 from what i understand goes to the NVC the NVC is part of the state department, USCIS is homeland security, i have no idea why USCIS would be involved with something from the NVC paperwork, but even if they do iam going by the IRS tax codes anyways for EXEMPT fileing, its there codes not mine but its not on the I-864 under #25 cause it presumes that everyone is working and has to file a tax return. and when they change the tax code then i will too....one government agent saying no to the other....does that happen...

[doctorbeat 6]

The IRS actually has extremely strict rules about what information they are allowed to divulge, even to other government agencies.

I don't know if that includes tax return filing information or not, but it might.

[David Allen 3]

In the instructions for the I-864, it says that you need to submit a copy of the sponsor's last federal tax return.

It then says that you can optionally include copies of your last three tax returns if you believe it will help your case.

It then goes on to say:

If you were required to file a federal tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the 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 US tax law because your income was too low, attach a written explanation.

My wife didn't file for 2008 because her income was too low, and she's filing 2009 (late), and 2010 right now.

We were just going to include her 2010 return, opting not to include the previous two years, as they wouldn't help our case.

After reading the above, we are now confused. Do we just send the 2010 return, or does she need to send all three with a written explanation why she didn't file in 2008?

I had the same question as you when I went through that part and read and interpreted the instructions to mean that it only required the last tax return, as my income was well above the poverty guidelines. As it turned out however, I ended up getting an RFE for the previous years tax filings. I am sure there are many people on this site who have skated through on minimal information, but I have since come to the conclusion that when faced with two options, one being send minimal amount, and the other being to throw in the kitchen sink that the kitchen sink approach ends up being faster.

[doctorbeat 6]

I had the same question as you when I went through that part and read and interpreted the instructions to mean that it only required the last tax return, as my income was well above the poverty guidelines. As it turned out however, I ended up getting an RFE for the previous years tax filings. I am sure there are many people on this site who have skated through on minimal information, but I have since come to the conclusion that when faced with two options, one being send minimal amount, and the other being to throw in the kitchen sink that the kitchen sink approach ends up being faster.

Did they say what the reason for the RFE was?

Did you have the same problem as us, ie. late filing of your previous tax returns, or did they ask for them for another reason?

My wife's old tax returns, including the most recent one, are no good for the income requirements, because they all show that she earned less than the threshold.

She has recently got a pay raise, and we are submitting a letter from her employer and some pay stubs as evidence of her current income.

This pay raise is the reason we are applying now, she didn't make enough to sponsor me before.

Edited February 22, 2011 by doctorbeat

[joyjohn 18]

well maybe so, but why then post the two option in #25 then RFE you for chosen said option, it doesnt say u must give the last 3 years, so i can't understand a RFE because you chose their options....maybe its the proof of what you send causes the RFE?.. what a process huh!!

[doctorbeat 6]

My best guess is that the RFE is discretionary, and because the tax return was what he based his income on, they decided they wanted more proof?

Who knows how all this works?

It does seem strange that they use the I-864 not only to determine income, but also to see if you've been a good boy/girl and filed your taxes on time!

We've been trying to get this form done for over a year now, it's been our main stumbling block, and was in fact the reason I'm applying after the 90 day period.

Who'd have thought the affidavit of support would be the hardest part of the process?!

[ValentinesWedding 0]

If you have copies of your previous tax returns including ALL W-2 forms, you don't need an IRS transcript. You can send copies from your own records.

[doctorbeat 6]

Unless you have late ones to file, in which case they want you to file them and obtain IRS transcripts...

I guess it's to prove you actually did send them in to the IRS rather than just fill the form out and photocopy it

[joyjohn 18]

Unless you have late ones to file, in which case they want you to file them and obtain IRS transcripts...

I guess it's to prove you actually did send them in to the IRS rather than just fill the form out and photocopy it

well its not that iam late or anything , i do understand your delima in the late fileing, in 2009 i did file with my EX wife, but u see most of my income is non-taxable.iam a disable american vet. and all my pension is non-taxable but its income and the rest is SSDI, and under there rules if you dont go over a certain limit your dont have to file, well my divorce started in2009 and almost all of 2010, so my now ex wife vacated the property in 2009 which left me married and fileing seprarated and not living together and well then i get married in dec 22,2010 in tagaytay and my new wife never has lived here with me so iam back in the same boat, so i have all this income and for the last 2 yrs didnt have to file a tax but have to prove 125% over the proverty level and no place on the # 25 to put it......thats my story hence a letter and all this documents to send.

Edited February 23, 2011 by joyjohn

[joyjohn 18]

oh and heres another thing, then after you get finished with the I-864 and it goes to NVC right , and after they get done with it they ship it to your embassy in the country where your wife is , and in the documents for the manila interview it clear states they want the most recent tax year. not the 3 nor 2 just the most recent..... no wonder we go nuts with this stuff.

[doctorbeat 6]

Joyjohn, it sounds to me that you got the RFE because of your less than straightforward circumstances. Sounds like they wanted extra tax return info to better understand the particulars of your situation.

With a situation like mine, I guess they'd only know to ask for more returns if the IRS divulged information about the punctuality of my wife's tax returns.

I wonder if they actually do this?