i-864 - #25 please help

[AandJ 3]

Hello everyone,

I have a question, which may be totally stupid, but it is about #25 - federal income taxes

I have NOT filed my 2009 taxes because I was not legally required to due to income that was below the filing threshold. I know that I will need to attach a letter stating this in my i-864 but my question is, do i CHECK the box on question 25 since I haven't filed the past 3 years? I don't want to get an RFE for not having checked a little box, but cannot truly check it and it be true.

We will have a joint sponsor who has more than enough to support the beneficiary, so I am not worried about any other part of the i-864, except this one question that is driving me crazy. Anyone who has turned in the i-864 with a note stating that they weren't required to file, please let me know if you checked the box or not.

Thank you in advance,

Amanda

[pam_ellis 0]

Hello everyone,

I have a question, which may be totally stupid, but it is about #25 - federal income taxes

I have NOT filed my 2009 taxes because I was not legally required to due to income that was below the filing threshold. I know that I will need to attach a letter stating this in my i-864 but my question is, do i CHECK the box on question 25 since I haven't filed the past 3 years? I don't want to get an RFE for not having checked a little box, but cannot truly check it and it be true.

We will have a joint sponsor who has more than enough to support the beneficiary, so I am not worried about any other part of the i-864, except this one question that is driving me crazy. Anyone who has turned in the i-864 with a note stating that they weren't required to file, please let me know if you checked the box or not.

Thank you in advance,

Amanda

OMG, this is exactly my situation! But Im not sure what we should do either...

My idea, not check any box and write in black pen that there is a attachment explanation - Petitioner not legally require to fill taxes... Idk, something like that.

If there is any other person that already passed that its better cos I didnt send anything yet and I might not get this accepted.

We would appreciate this help

Thanks a lot guys!

Pam Ellis

[AandJ 3]

Pam, glad to know someone else is in my boat. Fingers crossed that we get an answer soon!

[pam_ellis 0]

Hello everyone,

I have a question, which may be totally stupid, but it is about #25 - federal income taxes

I have NOT filed my 2009 taxes because I was not legally required to due to income that was below the filing threshold. I know that I will need to attach a letter stating this in my i-864 but my question is, do i CHECK the box on question 25 since I haven't filed the past 3 years? I don't want to get an RFE for not having checked a little box, but cannot truly check it and it be true.

We will have a joint sponsor who has more than enough to support the beneficiary, so I am not worried about any other part of the i-864, except this one question that is driving me crazy. Anyone who has turned in the i-864 with a note stating that they weren't required to file, please let me know if you checked the box or not.

Thank you in advance,

Amanda

Check this out!

"2. I, the petitioning sponsor, got an RFE for Form I-864, Part 6, Q#25. I did NOT file taxes because I did not make enough money. I didn't check either of the boxes for that question and I left the lines blank when it asks for reported income for the last 3 tax years. I wrote "see attachment" as I had attached a written letter explaining why I didn't file. I got the RFE for not writing zero. !"

It's in this thread: http://www.visajourney.com/forums/topic/153307-the-stupid-rfe-thread/page__hl__1040+form__st__105

What I understood: We should check as we DID filled it out, then just complete the year and zero, as income.

Let's wait for more explanations, but I think its already some help for us... Im looking for more answer, if I find something else I come back here

;D

[pushbrk 12,878]

Check this out!

"2. I, the petitioning sponsor, got an RFE for Form I-864, Part 6, Q#25. I did NOT file taxes because I did not make enough money. I didn't check either of the boxes for that question and I left the lines blank when it asks for reported income for the last 3 tax years. I wrote "see attachment" as I had attached a written letter explaining why I didn't file. I got the RFE for not writing zero. !"

It's in this thread: http://www.visajourn...0+form__st__105

What I understood: We should check as we DID filled it out, then just complete the year and zero, as income.

Let's wait for more explanations, but I think its already some help for us... Im looking for more answer, if I find something else I come back here

;D

You only enter zero as the income if zero is the actual number from a tax return that WAS filed. My recommendation is to fill the form out as completely as possible, if for one, two or three years, the sponsor was not required to file a tax return, hand write something to that effect in the space provided. Simply referring to a separate sheet is probably not going to work for this. Give at least a brief statement on the affidavit itself. If MORE is needed, add a sheet.

Edited May 18, 2012 by pushbrk

[AandJ 3]

Thanks for the advice - it sounds good. I think in the blanks I will write NOT FILED - SEE ATTACHMENT. I am still curious if I should check the box though...

Thanks for looking out Pushbrk!

[pushbrk 12,878]

Thanks for the advice - it sounds good. I think in the blanks I will write NOT FILED - SEE ATTACHMENT. I am still curious if I should check the box though...

Thanks for looking out Pushbrk!

NOT REQUIRED TO FILE is a much better thing to write. If the reason was "INCOME BELOW THRESHOLD", then just write "NOT REQUIRED TO FILE, INCOME BELOW THRESHOLD" and skip the attachment.

Edited May 18, 2012 by pushbrk

[pam_ellis 0]

NOT REQUIRED TO FILE is a much better thing to write. If the reason was "INCOME BELOW THRESHOLD", then just write "NOT REQUIRED TO FILE, INCOME BELOW THRESHOLD" and skip the attachment.

Should we check the box or not? Since we didnt fill out the taxes?

[pushbrk 12,878]

Should we check the box or not? Since we didnt fill out the taxes?

You check the box if you're sending a copy of 1 or 3 tax returns. There is no box for zero tax returns. If you filed zero tax returns you can't include 1 or 3, so checking either box will be a lie. Let the truth guide you.

[Musashii 21]

NOT REQUIRED TO FILE is a much better thing to write. If the reason was "INCOME BELOW THRESHOLD", then just write "NOT REQUIRED TO FILE, INCOME BELOW THRESHOLD" and skip the attachment.

Another tax question:

My wife's gross income in 2011 was $9,074 as she got a job only around mid year 2011. Now she has got another job (starting May 2012) which is paying $10 per hour @ 40 hours week and 1.5 for any additional hours. Considering her current job, she would make slightly more than poverty guideline but NVC requires recent 3 years tax returns in which her income was not sufficient.

Can she file I-864 solo or will she need a co-sponsor?

Also, thanks to some not so smart H&R Block which she used to file her 2011 returns, as per their advice, she filed as single when she was already married to me in December 2011. She has send papers to get me an ITIN (am the foreign spouse) and she is waiting for my ITIN to file for an amended tax return as married. If we have not got any amended or updated tax transcript by the time we need it, what do you suggest we do? File the existing one and attach an explanation?

[pushbrk 12,878]

Another tax question:

My wife's gross income in 2011 was $9,074 as she got a job only around mid year 2011. Now she has got another job (starting May 2012) which is paying $10 per hour @ 40 hours week and 1.5 for any additional hours. Considering her current job, she would make slightly more than poverty guideline but NVC requires recent 3 years tax returns in which her income was not sufficient.

Can she file I-864 solo or will she need a co-sponsor?

Also, thanks to some not so smart H&R Block which she used to file her 2011 returns, as per their advice, she filed as single when she was already married to me in December 2011. She has send papers to get me an ITIN (am the foreign spouse) and she is waiting for my ITIN to file for an amended tax return as married. If we have not got any amended or updated tax transcript by the time we need it, what do you suggest we do? File the existing one and attach an explanation?

No, NVC does NOT require 3 tax returns. They require one. Read the actual I-864 and its instructions. Send three tax returns if it helps. The affidavit asks for information from three tax returns but also asks about current income. Current income is how you qualify. A person making $10 an hour working 40 hours a week has a current income of $20,800. That's 10 X 40 X 52. If there's just the two of you, she qualifies and can use the I864EZ instead of the regular I864

Edited May 19, 2012 by pushbrk

[AandJ 3]

NOT REQUIRED TO FILE is a much better thing to write. If the reason was "INCOME BELOW THRESHOLD", then just write "NOT REQUIRED TO FILE, INCOME BELOW THRESHOLD" and skip the attachment.

Pushbrk-

Thanks for the response. I agree that that is a much better and clearer way of putting it.

I am still hung up on which box to check though. My situation is this - 2011 filed and attached full tax forms, 2010 not required to file, income below threshold and 2009 not required to file, income below threshold.

In your opinion then, do I check the first box or not? Because it states 'I have filed a tax return for each of the three most recent tax years' which I haven't, I worry to check that box, but in that box it also states I am attaching the most current year's taxes, which I AM.

Thanks in advance!

Amanda

[JohnR! 5,495]

Hello everyone,

I have a question, which may be totally stupid, but it is about #25 - federal income taxes

I have NOT filed my 2009 taxes because I was not legally required to due to income that was below the filing threshold. I know that I will need to attach a letter stating this in my i-864 but my question is, do i CHECK the box on question 25 since I haven't filed the past 3 years? I don't want to get an RFE for not having checked a little box, but cannot truly check it and it be true.

We will have a joint sponsor who has more than enough to support the beneficiary, so I am not worried about any other part of the i-864, except this one question that is driving me crazy. Anyone who has turned in the i-864 with a note stating that they weren't required to file, please let me know if you checked the box or not.

Thank you in advance,

Amanda

You need not check the box, because you did not file your taxes. You will need to attach a written explanation indicating that you have not filed your taxes because your income was too low.

'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.' source: http://www.uscis.gov/files/form/i-864instr.pdf

Good luck!

Edited May 25, 2012 by Gegel

[pushbrk 12,878]

Pushbrk-

Thanks for the response. I agree that that is a much better and clearer way of putting it.

I am still hung up on which box to check though. My situation is this - 2011 filed and attached full tax forms, 2010 not required to file, income below threshold and 2009 not required to file, income below threshold.

In your opinion then, do I check the first box or not? Because it states 'I have filed a tax return for each of the three most recent tax years' which I haven't, I worry to check that box, but in that box it also states I am attaching the most current year's taxes, which I AM.

Thanks in advance!

Amanda

I would check the first box but line out the words that indicate you've filed all three tax returns. Then hand write the note I indicated in the spaces for 09 and 2010.

[AandJ 3]

I would check the first box but line out the words that indicate you've filed all three tax returns. Then hand write the note I indicated in the spaces for 09 and 2010.

Thanks!