tax income

[cinamon_at 0]

hello,

i'm austrian and my fiancee (wedding dec 14) is USC. how many tax refunds documents does he have to present when filing for my papers? one lawyer said for the past THREE years (2004, 2005, 2006), and another lawyer said for only ONE year (2005 or 2006). what is correct?

my fiancee was a full time student until 2005, so he has only declared taxes in 2005 and of course will declare this year, 2006 and he would file for my papers in march or april 2007.

thank you all for your help

[Yodrak 7]

cinamon_at,

The most recent income tax return is required, more may be submitted at the sponsor's option if it helps to demonstrate a stronger financial position that the 1 year alone would.

Note that a refund may not be involved, some people owe.

Yodrak

hello,

i'm austrian and my fiancee (wedding dec 14) is USC. how many tax refunds documents does he have to present when filing for my papers? one lawyer said for the past THREE years (2004, 2005, 2006), and another lawyer said for only ONE year (2005 or 2006). what is correct?

my fiancee was a full time student until 2005, so he has only declared taxes in 2005 and of course will declare this year, 2006 and he would file for my papers in march or april 2007.

thank you all for your help

[cinamon_at 0]

yodrak, thank you very much for your info!

i'm still wondering, why my lawyer is so sure, we would be denied if he doens't present those 3 years. anyways, i have my fiancee calling her to discuss the situation since he can present 2 years of tax income and a letter of his employer to state his stable position....

cinamon_at,

The most recent income tax return is required, more may be submitted at the sponsor's option if it helps to demonstrate a stronger financial position that the 1 year alone would.

Note that a refund may not be involved, some people owe.

Yodrak

hello,

i'm austrian and my fiancee (wedding dec 14) is USC. how many tax refunds documents does he have to present when filing for my papers? one lawyer said for the past THREE years (2004, 2005, 2006), and another lawyer said for only ONE year (2005 or 2006). what is correct?

my fiancee was a full time student until 2005, so he has only declared taxes in 2005 and of course will declare this year, 2006 and he would file for my papers in march or april 2007.

thank you all for your help

[Dr_LHA 3]

yodrak, thank you very much for your info!

i'm still wondering, why my lawyer is so sure, we would be denied if he doens't present those 3 years.

I only submitted my 2005 tax return, and was never asked at interview or through RFE for any more. That said, in my G325a it was clear that I had been employed full time in the USA for the last 7 years, so I certainly would have passed the "3 year test".

[Irisheyes 0]

From the I-864 instructions:

You must provide either an IRS transcript or a photocopyfrom your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the 3 most recent years.

I think it may have only changed recently that 3 years returns are optional, lawyers are not always on top of these changes. I vaguely remember it being in the instructions when we filed in May '05 that 3 years must be submitted. Even if you are using a lawyer, I would go ahead and read, read, read and familiarize yourself with the process as much as possible. I started to use a lawyer for my adjustment and came across the same thing.

Edited December 11, 2006 by Irisheyes

[kim&james 0]

one laywer might be using the I864 which required the 3 year tax returns etc and for it to be notarised, and the other might be using the I864 EZ which only requires the latest year and no notary.

My advise, if your financial case is strong enough go with the EZ form, but make sure that you get copies of all of your tax transcripts for the previous years.... Handy to have just in case and if you dont have one year due to not filing because of being a student, not enough income that year etc... just be prepared to offer an explaination.. if you dont have it then theres nothing anyone can do about it but prepare yourself evidence wise for the just in case scenario.