Sponsor's Tax return (if I don't have one ???)

[Gabriel Lopez 0]

We are trying to file for the AOS but running into some questions.

Here are some facts about the situation:

-We did the whole fiance visa process (K-1 visa) and was able to bring her over here to America.

-My wife and I just got married on July 29, 2012

-It says her visa runs out on October 4, 2012

-I make more than the poverty level. But do to certain circumstances, I wasn't able to file taxes for this previous year of working. Before that I was a student and didn't work the previous years.

-My parents could sponsor us. They have filed their taxes for all 3 years.

I'm curious, if I didn't file taxes for this year and my parents did--would they be able to sponsor us and send in the tax information without me needing to at all? Would love some help this stuff is really confusing and we're trying our best. Thank you.

Gabriel

[Hypnos 6,578]

The US citizen is always the primary sponsor and always has to produce at least their previous year's tax return, or a letter showing why they were not required to file.

Even if your parents become your joint sponsor you will still need to produce your 2011 tax return or a statement explaining why you are not required to file. You will be RFE'd for one or the other if you do not submit them with the I-864 and then if you further do not produce them by the time that the RFE states then the AoS will be denied.

[tempa 1]

As far as I've understood, the spouse needs to be the main sponsor in a K-1 case and thus the spouse needs to file I-864.

and snippet from USCIS page:

you are required to provide your U.S. federal income tax return for the most recent tax year as well as proof of current employment. If you were not required to file a tax return in any of these years you must provide an explanation. Failure to provide the tax return or evidence establishing that you were not required to file will delay action on your relative's application for permanent residence. If this information is not provided, this will result in denial of an immigrant visa or adjustment of status.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=720b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=720b0a5659083210VgnVCM100000082ca60aRCRD

so, you either provide the tax information requested or case is a no go.

[KayDeeCee 4,896]

If you were required to file and did not, then file now. If you were not legally required to file, then send in an explanation as to why you were not legally required to file along with your I-864 and other supporting documents.

[atozonetonine 0]

In the I-135 instructions, it states that I am only required to submit tax returns if I am self employed. Is this not true?

I recently finished graduate school, and was not required to file income tax in 2011 because I did not make the $8000 gross income requirement to file.

I am currently employed and have all the other documents ready.

I do not see any requirement of an income tax return for an I-135 for someone who employed (not self employed).

Can someone shed some light on this for me? Am I reading it incorrectly?

[atozonetonine 0]

oops.. I mean I-134.

[atozonetonine 0]

ok, I just read this:

http://moscow.usembassy.gov/iv-fiancee.html

which says I must include the previous year's tax return.

Why is this different from the I-134 Instructions???

Is it better to file a tax return of $0? or send a letter of explanation?

[KayDeeCee 4,896]

In the I-135 instructions, it states that I am only required to submit tax returns if I am self employed. Is this not true?

I recently finished graduate school, and was not required to file income tax in 2011 because I did not make the $8000 gross income requirement to file.

I am currently employed and have all the other documents ready.

I do not see any requirement of an income tax return for an I-135 for someone who employed (not self employed).

Can someone shed some light on this for me? Am I reading it incorrectly?

This thread was about someone filing for AOS and needing the I-864.

The K-1 instructions do not state that you need to attach your most recent tax transcript, but most consulates still ask for them with the I-134, self-employed or not. Just add a statement that you were not legally required to file taxes in 2011.

[atozonetonine 0]

ok thanks