refiling of I-864

[casey37 0]

I am a US citizen and my husband (of almost 1 year) is from Nicaragua. After we found out I was pregnant we filed for an adjustment of status. I filed one of our forms wrong, so we received a request for additional information on form I-864. I filed the form using my father as the sponsor, I have since learned (and am submitting my new forms accordingly) that I should have filed from me (the sponsor) with a joint sponsor. My deadline for submitting the forms is in 3 weeks. About 2 1/2 weeks ago I filed form 4506T (request for transcript) with the IRS. I have been overseas doing volunteer work for the last 5 years, I have never filed any taxes and was claimed on my parents insurance. For some reason they didn't claim me in 2011.

It's my understanding that I need to submit:

A copy of their taxes showing me as a dependent for 2012

A non filing letter from the IRS for 2011

A copy of their taxes showing me as a dependent for 2010.

However, considering the recent government shut down, I'm worried that I won't get the non filing letter in time to submit my papers before the deadline.

What should I do? Is it best to submit my evidence without this letter? The non filing letter was only supposed to take 10 days to receive from the IRS.

[newacct 688]

Whether your parents claimed you as a dependent and whether you file taxes are kind of separate things. Even if you parents can claim you as a dependent, you can still file taxes (you just can't claim an exemption for yourself). If your income is below the minimum filing threshold, then you don't have to file, regardless of whether people can claim you as a dependent. You just need to write a statement that says you were not required to file taxes for all those years because your income doesn't meet the level where you were required to file. Check each year's Form 1040 instructions to see what that level was.

[Darnell 8,479]

if you are in the USA, you can get these things (supposedly) from a local IRS office, via walk in.

If they are open.

[casey37 0]

Whether your parents claimed you as a dependent and whether you file taxes are kind of separate things. Even if you parents can claim you as a dependent, you can still file taxes (you just can't claim an exemption for yourself). If your income is below the minimum filing threshold, then you don't have to file, regardless of whether people can claim you as a dependent. You just need to write a statement that says you were not required to file taxes for all those years because your income doesn't meet the level where you were required to file. Check each year's Form 1040 instructions to see what that level was.

So I could just write them a letter saying that I didn't have to file taxes because my income was below the threshold and that would be enough?

[newacct 688]

So I could just write them a letter saying that I didn't have to file taxes because my income was below the threshold and that would be enough?

Yup.