I-864 question

[rockamandy 0]

here's a question. i am hoping to fill out the I-864EZ, as i make enough money to sponsor my husband and myself - a household size of 2. however, i lived outside of the US for the entire year of 2005 while i went to school full-time and don't have a tax return for that year. considering 2005 is the 'most recent tax year' to be put on the form, i don't know what to do.

i have the tax returns from 2004 and 2003, 6 full months of up-to-date pay stubs from my current job, and a new handsigned letter from my boss on official letterhead stating my positon, full-time status, and salary.

would i just put "n/a" for most recent tax year and a dollar amount of $0.00, or start with 2004 and include a statement about my overseas student status? i even have some letters and my degree to prove i was there.

any thoughts? would i get away with the EZ form?

[YuAndDan 153]

You would not put N/A on the line, you would put -0- on the line, and include a note explaining why you were exempt from filing a return.

Better yet, why not wait to file the AOS until after you file your 2006 return, or get a co sponsor?

[rockamandy 0]

You would not put N/A on the line, you would put -0- on the line, and include a note explaining why you were exempt from filing a return.

Better yet, why not wait to file the AOS until after you file your 2006 return, or get a co sponsor?

well, our K-1 expires on january 2, 2007 so we want to apply before then and i really don't need a co sponsor (even if i got one, the initial inquiry would still stand). i'm putting "0"on the line for 2005 and adding an explanation (like you had suggested) and hoping that should cover it.

thanks for your reply.

[Killer_Clown_2009 0]

You can try that Mandy, but in the meantime you might want to check with the IRS and see if you needed to file for 2005. I am not sure what rules there are in the US, but many countries still require you to file a tax return even if you are out of the country and have no income to declare (Canada does).

I think that USCIS will require something from the IRS stating that you were not required to file taxes.

Another suggestion. If your income from last year was below the poverty level, including the last 6 months pay stubs is a good idea.

[YuAndDan 153]

Do a little searching around the forums, you will see many who take a little time to file for AOS until they have financial information in order, some wait a few months even up to a year after getting married to file the AOS, the key is to get married with in the 90 days.

Also income while overseas is exempt from taxes, but Americans do need to file a return even while out of the country.

If you send it in like that they will probably send it back to you and tell you to send it in after filing your 2006 return, if you do get a RFE the timing will probably be after you can file 2006 return.

Edited December 11, 2006 by YuAndDan

[Yodrak 7]

rockamandy,

Due to your unusual situation you might be better of using I-864.

If the 2003 and 2004 returns look good for you - income exceding the requirement - submit them along with the explanation for why you were not required to submit an income tax return for 2005.

Yodrak

here's a question. i am hoping to fill out the I-864EZ, as i make enough money to sponsor my husband and myself - a household size of 2. however, i lived outside of the US for the entire year of 2005 while i went to school full-time and don't have a tax return for that year. considering 2005 is the 'most recent tax year' to be put on the form, i don't know what to do.

i have the tax returns from 2004 and 2003, 6 full months of up-to-date pay stubs from my current job, and a new handsigned letter from my boss on official letterhead stating my positon, full-time status, and salary.

would i just put "n/a" for most recent tax year and a dollar amount of $0.00, or start with 2004 and include a statement about my overseas student status? i even have some letters and my degree to prove i was there.

any thoughts? would i get away with the EZ form?

Edited December 11, 2006 by Yodrak