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Strictly4theluv

AOS !!!!!!!!!!!!!!!(Taxes at I-864 Affadavit)

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Thank you Mariepear for replying so fast!

The instructions say exactly what you've posted, but when you actually go to the form, to Part 6 (question 13-a, 13-b and 13c) it makes you put something...

http://www.uscis.gov/files/form/i-864.pdf

Am I wrong?

You are correct. Number 13 clearly says you have filed US Tax Returns for the last 3 years. If you check this box you would be falsifying the form. I would suggest filing the last tax years. You dont have to turn them in but you better have filed as these records are easily checked by NVC, etc/...

Aloha Ke Akua

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You are welcome!

He just needs to put how much he made in those years...No need to submit the tax information. Read the number 14...it's optional.

This is incorrect advice. The form clearly asks (13) if you filed US Income Taxes for the three years. While you do not have to submit all 3 years you better make sure you filed thoses taxes or you will be commiting VISA fraud.

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Filed: AOS (pnd) Country: France
Timeline

Sorry, I can't edit my previous posts for some reason so I have to keep posting, I have a new question: does the accountant filing out the taxes has to be in the same State as us? Does it matter?

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This is incorrect advice. The form clearly asks (13) if you filed US Income Taxes for the three years. While you do not have to submit all 3 years you better make sure you filed thoses taxes or you will be commiting VISA fraud.

And later I said I did not understand that her fiance didn't file taxes at all in those years...

K1 PROCESS: AOS:

April 1, 2010 met in person in Czech Republic                                                   Sept 15, 2013 applied for SSN

May 2010 my first visit in USA                                                                            Sept 23, 2013 recieved SSN

June 2010 I spent 3 months in USA                                                                   Sept 26, 2013 Tdap, MMR vaccines

December 2010 my fiancé came over fo X-mas                                                 Sept 27, 2013 flu shot, Tb test

January 2011 I spent 1 month in USA                                                                Sept 28, 2013 blood test

March 2011 I spent 2 weeks in USA                                                                   October 1, 2013 I-693 completed

June 2011 I spent 3 months in USA                                                                    October 2, 2013 AOS sent

October 2011 I spent 2 weeks in USA                                                                 October 7, 2013 check cashed

December 2011 my fiance came over for X-mas                                                 October 10, 2013 NOA1

January 2012 I spent 1 month in USA                                                                 October 21, 2013 got biometrics appt.letter

February 23,2012 got B1,B2 Tourist visa                                                            November 7, 2013 biometrics appointment

March 2012 I spent 2 weeks in USA                                                                   December 6, 2013 EAD/AP approved

June 2012 I spent 3 months in USA                                                                   December 12, 2013 card mailed 

October 2012 I spent 2 weeks in USA                                                                December 14, 2013 EAD card recieved

December 2012 my fiancé came over for X-mas                                               February 21, 2014 Potential Interview Waiver Case January 1, 2013 got engaged                                                                                                                                letter received

January 23, 2013 I-129f filed                                                                               July 3, 2014 GC received

January 28, 2013 NOA1

February 2, 2013 Alien Registration Number

February 8, 2013 I spent 5,5 months in USA

June 21, 2013 petition transferred to Texas SC

July 3, 2013 NOA2 - approved

July 22, 2013 I came back from USA

July 24, 2013 package sent to NVC

July 30, 2013 medical exam

August 2, 2013 package left NVC

August 8, 2013 package recieved by the embassy

August 12, 2013 package 3 recieved

August 22,2013 interview....approved!

August 26, 2013 visa recieved

August 29, 2013 POE - JFK

Sept 12, 2013 GOT MARRIED

 

 

 

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Filed: F-1 Visa Country: Kenya
Timeline

Hiii.My husband just gave them the 2012 tax returns which are enought coz he way above the 125% poverty line.He also added for the previous years just because.They just want to see the latest one.Hope this helps

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Met my lovely prince charming in 2008luv.gifdancin5hr.gif

Best friends until may 2012(we started dating)

Got engaged in feb in vegasrose.gifheart.gif

9.9.2013 Married heart.gif

10.1.2013 Mailed AOS(i-131,i-130,i-765,i-485)

10.2.2013 Chicago lock box received and signed our package

10.6.2013 Checks cashed and account overdrawnrofl.gifoops8rh.gif

10.11.2013 Hard copies of NOA's received for all 4 forms without even receiving emails or texts although we filed G-1145

10.12.13 Biometrics appointment on 11/6/2013 Doing a walk in coz ain't nobody got time to wait one month idea9dv.gif

10.14.13 went to renew Drivers License with my NOA's.Got a permit.DL to be sent in mail within 30 days

10.15.13 Successful walk in biometric appointment

10.31.13 I485 Status changed to testing and interview while all the rest are still at initial review

11.27.13 (day 56) I-131 approved and on post decision activity while EAD is on card production #confused

12.06.13 the EAD/AP card combo arrived and was sent to my home country via DHL.I LEFT WITHOUT IT !!and i arrived in the US just fine dancin5hr.gif

01.27.14 Interview date in Oakland park,FL

02/10/14 Green Card Received

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Filed: Timeline

Sorry, I can't edit my previous posts for some reason so I have to keep posting, I have a new question: does the accountant filing out the taxes has to be in the same State as us? Does it matter?

No but you need to be sure he or she understands the tax laws of the state in which income was earned so as to properly complete any state tax forms.

I am a little surprised at the number of people who run into problems with the AOS because they didn't file tax returns. The bigger issue for them are problems with the IRS. A visa should be the secondary consideration, after buttoning up their tax situation.

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OP: Your husband needs to file his back taxes. Shouldn't take more than a few hours to do it.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: Mexico
Timeline

People keep stating only the most recent year needs to be sent with the I-864. This is true, HOWEVER, you need to list the Total Income from the last 3 years on the I-864. If you were legally required to file taxes those years, then you need to file your back taxes. If you were not legally required to file in any of the last 3 years, then you need to include a statement that explains why you were not legally required to file.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Lift. Cond. (pnd) Country: Spain
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And later I said I did not understand that her fiance didn't file taxes at all in those years...

Hi David & Zoila! Thanks for ur post. We had a misunderstanding with mariepear... It was my fault... I dint explain myself correctly...

Thank you though!!!!

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Filed: Lift. Cond. (pnd) Country: Spain
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I was about to create a topic about it as well since we are in the same situation with my husband right now but I figured I'd just add up my information here. So my immigration package was received by the USCIS on September 10, we got the receipts for the forms 7 days later, (except for the medical form, is that normal, I called them and they said my case was being processed but I figured if we had the receipts for the other forms, why not for the medical one?) going to have my biometrics taken in 2 days, but yesterday we received a disturbing letter telling us that if we fail to send the completed form I-864 with the most recent Federal Income tax returns + an English translation of my foreign language birth certificate within 87 days, my case will be deniedgirlwerewolf2xn.gif

We both feel lost as my husband didn't have his taxes filed out in years, so we are looking right now for someone who would do it for us and fast... it's crazy because we have so many leads but we don't know which one to chose as we had someone in the past supposed to work on my husband's taxes but he didn't do the work.... we are afraid not to find the one who will work fast. If I well understood well, we just need to attach to the form with the transcript/copy of the most recent tax year only (and provide the numbers of the others 2)?

As for the translation document, they precise it has to be a full english translation and the translator must certify that the translation is complete and accurate, and that he or she is competent to translate. So of course I am able to translate the doc but I imagine they require a professional, this is what they call someone "competent", right?

Hello!

I think today (and I say I think because he is not up yet) (is just 9:40 spanish time) my fiancee has a meeting with his accountable to fill up his backtaxes... I will inform you guys in how it went...

It just so happen that yesyerday when i read the form for the first time i realized that they require not only the last year to be filled but also information about the two years before that... Hope it gets fixed today or in the next couple of days cause i want to send AOS as son as we get married and that will be at the end of october...

As far as the translation, ive translated all my documents in Spain. I went on the american embassy website and over there theres. List of official translators designed and certified by the goverment to do translations...

Im sure if you go on your contries embassy website it may have information about it..

Now that i think about it, better than going to the us embassy in france, you would be better going to the french embassy in the us... Im sure they can help you finding a certified translator...

Wish u the best of luck and i will keep you guys posted on my case as well...

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Filed: Timeline
This past tax year (2012) he filled for the tax return as we thought that that was the only year that USCIS was going to require in the form...

You don't file taxes because you needed it for some form. You file taxes because it is required by tax law. The form is an irrelevant side issue. If you were not required to file by law, then you also don't need it for the form. So the form has absolutely nothing to do with you filing your taxes.

Even if you never apply for any immigration forms in your life, you need to file taxes when required by law.

Would solve the situation if my future mother in law joint-sponsor us? Or we still need to send info from my fiancee...

No. The petitioner must always be a sponsor.

Read the instructions again:
Federal Income Tax Information.
You must provide either an IRS transcript or a photocopy from 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 three most recent years.

http://www.uscis.gov/files/form/i-864instr.pdf

There are two things that are required: a) The tax return or tax return transcript for the past 1 year, and b) the "total income" number from the tax returns of the past 3 years.

He just needs to put how much he made in those years...No need to submit the tax information. Read the number 14...it's optional.

More specifically, he needs to put the exact number from the "total income" line on the tax return. So there is some "tax return information" that he needs.

While you do not have to submit all 3 years you better make sure you filed thoses taxes or you will be commiting VISA fraud.

Either filed taxes, or been not required to file.

Hiii.My husband just gave them the 2012 tax returns which are enought coz he way above the 125% poverty line.He also added for the previous years just because.They just want to see the latest one.Hope this helps

Past tax returns and theh 125% poverty line have no relation to each other. The thing (and the only thing) that needs to be over 125% poverty line is current income.

Edited by newacct
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Filed: Lift. Cond. (pnd) Country: Spain
Timeline

You don't file taxes because you needed it for some form. You file taxes because it is required by tax law. The form is an irrelevant side issue. If you were not required to file by law, then you also don't need it for the form. So the form has absolutely nothing to do with you filing your taxes.

Even if you never apply for any immigration forms in your life, you need to file taxes when required by law.

No. The petitioner must always be a sponsor.

There are two things that2d1c9d40663e3d6 are required: a) The tax return or tax return transcript for the past 1 year, and b) the "total income" number from the tax returns of the past 3 years.

More specifically, he needs to put the exact number from the "total income" line on the tax return. So there is some "tax return information" that he needs.

Either filed taxes, or been not required to file.

Past tax returns and theh 125% poverty line have no relation to each other. The thing (and the only thing) that needs to be over 125% poverty line is current income.

Thanks for your repply,

Just want to say that it is obvious that you dint feel taxes just because a form says so...

Everybodys situation is different and just so i dont get this too technical we are just going to go to our accountable and do what we need to do.

Thanks for reminding us that we need to follow law... That is something we also knew from the very begginig... Maybe i didnt explain myself propperty so im going to leave my case on our accountable and go from there.

Thank u so much ayway

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Filed: AOS (pnd) Country: France
Timeline

Hello!

I think today (and I say I think because he is not up yet) (is just 9:40 spanish time) my fiancee has a meeting with his accountable to fill up his backtaxes... I will inform you guys in how it went...

It just so happen that yesyerday when i read the form for the first time i realized that they require not only the last year to be filled but also information about the two years before that... Hope it gets fixed today or in the next couple of days cause i want to send AOS as son as we get married and that will be at the end of october...

As far as the translation, ive translated all my documents in Spain. I went on the american embassy website and over there theres. List of official translators designed and certified by the goverment to do translations...

Im sure if you go on your contries embassy website it may have information about it..

Now that i think about it, better than going to the us embassy in france, you would be better going to the french embassy in the us... Im sure they can help you finding a certified translator...

Wish u the best of luck and i will keep you guys posted on my case as well...

Thank you for the reply! I can't travel until my AOS is complete so out of the question for me to go to France, do you think just emailing the French embassy in the US would work? I am going to try that smile.png Or maybe call them first.

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Thank you for the reply! I can't travel until my AOS is complete so out of the question for me to go to France, do you think just emailing the French embassy in the US would work? I am going to try that smile.png Or maybe call them first.

You need something translated? I got lost in this long and topic-bouncing thread...

If so, you don't need an embassy, just google "translation service" and find one. No problem.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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