No tax returns for I-134

[poindextr 0]

Hi everyone,

We have finally received the packet from the Embassy in Buenos Aires and are gathering all the documents to send them. I have run into a problem for the I-134 form, as I lived abroad or the last seven years until about 2 months ago. During this time I didn't file taxes, oops.

I read that I'll need the tax returns for the I-864 form, so I will just backfile for the last 3 years and hope there aren't too many fines.

My question is then, should I included a letter with the I-134 explaining that I don't have the tax returns, but plan on having them for the I-864?

I will be sending a letter from my employer, a bank letter, and pay stubs from the last two months.

Would love to see how anyone else handled this!

Thanks,

Kelly

[valverdeveslings 10]

That should be enough given you haven't been working in the US until two months ago. As long as you prove that your current job is reliable and permanent.

I'm not sure if the Buenos Aires embassy is similar to Santiago, but I don't have much financial evidence from my co-sponsor and they said it won't be a problem. But you should email the embassy and double check with them.

[Tina and Johan 206]

Hi everyone,

We have finally received the packet from the Embassy in Buenos Aires and are gathering all the documents to send them. I have run into a problem for the I-134 form, as I lived abroad or the last seven years until about 2 months ago. During this time I didn't file taxes, oops.

I read that I'll need the tax returns for the I-864 form, so I will just backfile for the last 3 years and hope there aren't too many fines.

My question is then, should I included a letter with the I-134 explaining that I don't have the tax returns, but plan on having them for the I-864?

I will be sending a letter from my employer, a bank letter, and pay stubs from the last two months.

Would love to see how anyone else handled this!

Thanks,

Kelly

If you don't owe taxes, there shouldn't be any fines at all. There wasn't for me when I filed 2010 and 2011 this year. I got my full refunds.

[Dave&Roza 748]

Hi everyone,

We have finally received the packet from the Embassy in Buenos Aires and are gathering all the documents to send them. I have run into a problem for the I-134 form, as I lived abroad or the last seven years until about 2 months ago. During this time I didn't file taxes, oops.

I read that I'll need the tax returns for the I-864 form, so I will just backfile for the last 3 years and hope there aren't too many fines.

My question is then, should I included a letter with the I-134 explaining that I don't have the tax returns, but plan on having them for the I-864?

I will be sending a letter from my employer, a bank letter, and pay stubs from the last two months.

Would love to see how anyone else handled this!

Thanks,

Kelly

I would go to this IRS website to see if you are REQUIRED to file a tax return based on YOUR situation. Foreign income, up to a certain limit like $90K I believe, is excluded from OWING taxes. The problem you are faced with is the USCIS (and Department of State) expects each and every USC and LPR to FILE a tax return each and every year. For most of us that is true. For some it is not true. So you can either back file the last three years, or you can prove to the USCIS that based on IRS rules you are not REQUIRED to file an income tax return. Some times it is just easier to back file and submit the tax transcripts.

IMHO, I would concentrate on proving current income to the Embassy and not worry about income from a job that no long exists--that is what the tax return will show. Show that you have sufficient income to meet the poverty guideline from the time you moved back to the US to present time.

Good luck,

Dave

Edited May 24, 2014 by Dave&Roza

[poindextr 0]

Thank you everyone for your responses! Yes, I just talked to my mom who is an accountant and we are going to backfile for the last three years, just in case!

[poindextr 0]

Hi everyone,

Just an update on this, I sent in my I-134 WITHOUT tax returns, but then back filed my 1040 and 2555EZ (which is for foreign earnings) and sent this to the IRS.

Today we received an email from the embassy in Buenos Aires with the interview appointment date (yay!), but also requesting my tax returns and w2's.

So, I'll be sending my fiance a copy of the 1040's and 2555EZ's, as the IRS hasn't processed my returns yet.

Has anyone had a problem submitting just the copy? Or have they asked for the official transcripts?

Also, I now make well over the income requirements, but I'm afraid they'll deny us because I just moved back to the US and starting earning dollars just 3 months ago. My salary for the last 3 years had been in Argentine pesos so I was earning like 12,000 USD a year.

Should I get a co-sponser just in case?

Thanks everyone for your help! We are just so close to getting the visa so I want to make sure we have everything!

[christeen 966]

Yes, if possible, I would have a co-sponsor lined up just in case... Better to be prepared

[citizenkim 0]

I'm in a similar boat, as I lived in France for just under a year, moved back this February, and started at a new job in May.

I didn't file taxes for last year since I left my job in January 2013, and didn't provide my previous tax returns because it was for a different job (according to the k1 guidelines, you submit "your previous W-2 for the associated employer if available"). So, like you, I submitted a letter from my new employer, a bank statement, and a paystub.

Glad you got your interview date though!

I should follow through and probably backfile too.

[Harley2 8]

Can I ask what is the difference between a tax return and a W2?

[Dave&Roza 748]

Can I ask what is the difference between a tax return and a W2?

A tax return is the COMPLETE return which usually includes the 1040 or 1040A or 1040-EZ. The W-2 is a wage statement listing income, taxes paid and other related information. IF you choose to send in a tax return rather than a tax TRANSCRIPT, you will need to include all supporting documents with the return which included the W-2 and 1099s if you have them. A tax transcript is what you filed with the IRS and is a complete tax return by itself--no need to send in supporting documents as you already did that with the IRS and the IRS is providing the information they have processed on the transcript. Transcripts are hard to forge and actual prove you filed the return. All a return shows is this is what I might have filed. That is why the transcript here on VJ is the preferred document to send in.

Hope this helps,

Dave