I-864 Income Tax Question

[Coops 0]

Hello, everyone!

Just a quick question about my wife's I-864. She has her tax transcripts from 2009-10, but not from 2011 because she did not make enough as an independent to be required to file a tax return last year. The cut off is, I believe, $9,000 USD, and she made just under that because she was working part time while she finished University. (This was before we were married, so she was single and with no dependents.) She has her W-2 from last year, and can explain why she was exempt from filing. However, on section 25. the form asks you to check one of two boxes, the first stating that you have filed a return for each of the 3 most recent tax years. If she includes the W-2 and the explanation of the exemption in the packet, can she then tick that box even though that's not completely accurate? Does she need to file 2011 taxes anyway?

And one last question, about section 24 on the I-864. My mother-in-law is my cosponsor, and as advised by people on this forum, she will fill out a separate I-864 from my wife, rather than attaching an I-864A to my wife's form. But, sections d. and e. ask you to check to confirm that you have submitted an I-864A for any persons listed on household income. Should we not list mother-in-law as part of our household income then? My wife is abroad with me, and still doesn't have a job. So when she returns to America shortly, her mother will be supporting her financially until she finds work. So should we add her to the household size and include her income, or just leave her off of section 24 and put the household income as $0. (Though I work, I know that I can't count my income as I will not be able to transfer with this job when I emigrate).

Thanks for helping with these 2 questions. I'm just nervous and want to get it all right the first time!

Sam&Sara

[Brian121957 43]

Does she need to file 2011 taxes anyway?

I see people posting all the time that they do not have tax returns for some past year because they were not REQUIRED to. And now that they are in the process of immigration it is causing all kinds of problems.

So I recommend to file. It can make things easier then explaining why you don't have a tax return.

Also, Unless her employer did something funny she is likely entitled to a full refund of taxes that were withheld by her employer. So file and get the money back.

Edited July 30, 2012 by Brian121957

[Dave&Roza 748]

I see people posting all the time that they do not have tax returns for some past year because they were not REQUIRED to. And now that they are in the process of immigration it is causing all kinds of problems.

So I recommend to file. It can make things easier then explaining why you don't have a tax return.

Also, Unless her employer did something funny she is likely entitled to a full refund of taxes that were withheld by her employer. So file and get the money back.

The USCIS is under the premise that every USC must file a tax return each and every year since becoming an adult. To me it is easier to file a return and pay zero in taxes, or maybe get a refund due to some tax credit that is out there, then to have to scramble to explain why I did not have to file. For me, I have had to file since the age of 14 and I have always used to long form so I guess I am just used to filing taxes.

The only problem with late filing is if you owe you will have the penalty and interest, but you would have that anyway if the IRS comes after you at some point as not filing a return is tax evasion and there is no limit to the time to be audited, but that is not her case so no worries there.

So just file a return and then get the transcript of that return to give to the USCIS as your life will be much easier in the end IMHO.

Good luck,

Dave

Edited July 30, 2012 by Dave&Roza

[Coops 0]

Thanks for the quick responses!

Brian, she did not have any tax withheld by her employer, as she knew she would not make enough to pay taxes that year. But I see what you mean about simply avoiding any complications, regardless of whether she needed to file or not.

What about the household size and income question? Can anyone advise on that?

Much thanks, everyone!

[Nich-Nick 3,354]

Just a quick question about my wife's I-864. She has her tax transcripts from 2009-10, but not from 2011 because she did not make enough as an independent to be required to file a tax return last year. The cut off is, I believe, $9,000 USD, and she made just under that because she was working part time while she finished University. (This was before we were married, so she was single and with no dependents.) She has her W-2 from last year, and can explain why she was exempt from filing. However, on section 25. the form asks you to check one of two boxes, the first stating that you have filed a return for each of the 3 most recent tax years. If she includes the W-2 and the explanation of the exemption in the packet, can she then tick that box even though that's not completely accurate? Does she need to file 2011 taxes anyway?

She has not filed the last 3 years, so she does NOT tick the box. She writes a statement stating she was not required to file 2011 income tax because she earned $1234.56 and the minimum earnings for a person filing as "Single" is $9,500. You can attach a photocopy of the W2 as further proof. She dies not need to file a return just to meet immigration requirements. But she has to explain exactly why she did not file.

And one last question, about section 24 on the I-864. My mother-in-law is my cosponsor, and as advised by people on this forum, she will fill out a separate I-864 from my wife, rather than attaching an I-864A to my wife's form. Should we not list mother-in-law as part of our household income then? My wife is abroad with me, and still doesn't have a job. So when she returns to America shortly, her mother will be supporting her financially until she finds work. So should we add her to the household size and include her income, or just leave her off of section 24 and put the household income as $0. (Though I work, I know that I can't count my income as I will not be able to transfer with this job when I emigrate).

If MIL is doing her own separate I-864, then no mention of her or her income goes on your wife's I-864. If wife doesn't list MIL, then no I-864A is filled out.

But, sections d. and e. ask you to check to confirm that you have submitted an I-864A for any persons listed on household income.

MIL is NOT going to be listed, so that question doesn't apply to your wife's form. Get it? Wife's household income is $0.

Your wife will NOT be added to the household size of MIL.

Edited July 30, 2012 by Nich-Nick

[Ryan H 3,812]

to give to the USCIS

The OP would not be giving his tax return information to USCIS, he would be giving it to the NVC.