I-864 - taxes not filed

[Ketsuban 1,034]

My husband is going to be the sole sponsor. He currently earns circa $30,000 a year.

As this is his first full time job, he only has taxes filed for 2012, the year he started working, and will have the 2013 taxes done by the time we need to do the Affidavit of Support. He didn't file for 2011 because his income was $0.

Now, the tick-box on the I-864 says "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year". We are going to provide the most recent transcript, but since he hasn't filed the past three years, we can't tick this box because that would be a false statement. Is that a problem?

We are going to attach a statement saying he didn't earn anything in 2011 and that is why he didn't file taxes but we just want to be sure we can leave that tick-box blank.

[Nich-Nick 3,354]

It's an example of a form that likely fits most, but not all. And it doesn't fit you

Suggestions from my brain, not any official source:

1) Cross out 3 and write in 2 years. (I have crossed out on a USCIS form with no repercussions)

2) Tick it anyway and don't worry about it.

3) Don't tick it and tick the other one about sending tax returns for the second and third most recent years. Then behind the form send 2013, 2012, and statement about 2011. Ot's kinda like the statement takes the place of the third year.

[Help52 0]

You can include only your most recent tax return. Check off the first box where it says I have included my most recent year of taxes.

It might not be a bad idea to get a co-sponsor. Maybe his parents? Or a sibling who makes just as much money? They want to be able to see that your husband will be able to support you and that you won't become a burden to the government by getting things such as public assistance.

Good luck

[Ketsuban 1,034]

It's an example of a form that likely fits most, but not all. And it doesn't fit you

Suggestions from my brain, not any official source:

1) Cross out 3 and write in 2 years. (I have crossed out on a USCIS form with no repercussions)

2) Tick it anyway and don't worry about it.

3) Don't tick it and tick the other one about sending tax returns for the second and third most recent years. Then behind the form send 2013, 2012, and statement about 2011. Ot's kinda like the statement takes the place of the third year.

Thank you. These are good options. However, I have asked my husband to retrospectively file his 1040 for 2011 (took me a long time to find the 2011 form!) and send it off to IRS so we can order the transcript later down the line and save us all the hassle. Since he doesn't owe anything with a $0 income, it should be fine.

Should anything happen and for some reason they don't acknowledge it, then I will go with ticking it anyway and hopefully NVC will just shut up and take it

You can include only your most recent tax return. Check off the first box where it says I have included my most recent year of taxes.

It might not be a bad idea to get a co-sponsor. Maybe his parents? Or a sibling who makes just as much money? They want to be able to see that your husband will be able to support you and that you won't become a burden to the government by getting things such as public assistance.

Good luck

We don't really have anyone who could be a co-sponsor, so hopefully this should all work out. Otherwise we'll go to the tabloids to sell our story of our "20 year long Skype marriage" and make money that way

[Ketsuban 1,034]

Actually, we're not going to file his 2011 return. I read somewhere he needs to prove he got an extension (he didn't, obviously!) and to be frank, he didn't need to file anyway. So we'll just attach the statement about him not needing to file and not tick either box about the tax returns. Worst case scenario, we get an RFE but I don't want him to tick any statements that aren't true without NVC's explicit say-so.