filling out 864

[SophiaNichole 0]

Just a quick question.

on the I864 number 13 gives you an option to check a box that says: " I have filed a federal tax return for each of the 3 most recent tax years. i have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year"

I will be checking this box as I will only be including the tax return from the most recent tax year.

My question is I only filed the past 2 years because 3 years ago I wasn't making the required amount to file taxes and thus didn't.

Can I still check this box? I'm a student and very young so I think they will understand and yes I have a joint sponsor!

I just don't want to raise problems by not checking that box. Can i just check it and add a supplement paper that I write myself stating that I didn't file 3 years ago because I had no income and was in high school?

Thank you.

[hila 0]

Please read this first:

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

go the part that starts with sub-heading:

Sponsor for Affidavit of Support

[SophiaNichole 0]

Please read this first:

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

go the part that starts with sub-heading:

Sponsor for Affidavit of Support

Hi,

I did read this! But it doesnt answer my question.

Should I check the box that says I filed the past 3 years of taxes and have included the last year? The problem is I only filed the last 2 because I was unemployed. Of course I will provide a short letter explaining that but I'm not sure if I should check the box or not

Advice please!

[hila 0]

Yes, I agree that it is not 100% clear. You have a sponsor but I cannot tell if that absolves you off your last 2 years. Best & sure method will be to call USCIS on Tuesday, explain this dilema; see if having a sponsor, if you can use their statements for those 2 previous years? Hope I'm making sense.

Yes, I agree that it is not 100% clear. You have a sponsor but I cannot tell if that absolves you off your last 2 years. Best & sure method will be to call USCIS on Tuesday, explain this dilema; see if having a sponsor, if you can use their statements for those 2 previous years? Hope I'm making sense.

[SophiaNichole 0]

Yes, I agree that it is not 100% clear. You have a sponsor but I cannot tell if that absolves you off your last 2 years. Best & sure method will be to call USCIS on Tuesday, explain this dilema; see if having a sponsor, if you can use their statements for those 2 previous years? Hope I'm making sense.

Yes, I agree that it is not 100% clear. You have a sponsor but I cannot tell if that absolves you off your last 2 years. Best & sure method will be to call USCIS on Tuesday, explain this dilema; see if having a sponsor, if you can use their statements for those 2 previous years? Hope I'm making sense.

Thanks,

I will call USCIS but they usually aren't very helpful

I know that I will just send a written explanation that I didnt need to file taxes in 2010. My main question is on checking the box or not.

:/

[hila 0]

In my opinion, which may vary from others, I found that contacting USCIS with specific queries, merited an answer. They will not 'advice' you but direct you to consult an attorney or such. Hence you must ask specific questions.

In your case, I would ask 3 questions

1. Can your sponsor's tax records be used for the two years

2. Do you need to send in your tax returns if the sponsor's records will be used

3. If you use your sponsor's tax return records, do you need to check the box

I say this because if you do not fulfil the acceptable income requirement, your case will be jeopardy. Also, to prevent possible delays, the answers to these questions would guide you to a more expedient route. Always cover your bases... {hope I'm not dragging this out to far & if so, I'm just trying to help :-) }

[SophiaNichole 0]

In my opinion, which may vary from others, I found that contacting USCIS with specific queries, merited an answer. They will not 'advice' you but direct you to consult an attorney or such. Hence you must ask specific questions.

In your case, I would ask 3 questions

1. Can your sponsor's tax records be used for the two years

2. Do you need to send in your tax returns if the sponsor's records will be used

3. If you use your sponsor's tax return records, do you need to check the box

I say this because if you do not fulfil the acceptable income requirement, your case will be jeopardy. Also, to prevent possible delays, the answers to these questions would guide you to a more expedient route. Always cover your bases... {hope I'm not dragging this out to far & if so, I'm just trying to help :-) }

Thank you I appreciate you replying.

Hmm I am a bit confused on why you state my case will be jeopardy?

My joint sponsor has his tax returns and did them for the past 3 years. So thats the main thing that should matter.

Ive decided not to check the box. And to add a supplemental paper attached explaining why I did not file my taxes 3 years ago and only for the past 2 years (which was because I wasnt making enough at the time).

Seeing that my joint sponsor for my husband (who is the beneficiary) is more than enough I think it should be fine

[hila 0]

It was unclear how your sponsor would fit in; now I understand. If he/she can show sponsorship for the 3 year taxes, lean more on that. Of course you can add the supplemental paper because, the more evidence you have to strengthen your case, the better. If you have any doubts, please formulate simple direct questions & call them. I know it sounds strange, but that has been my experience. Apologies for the scare...good luck