Affidavit of Support and Tax Questions

[MichelleRenee 14]

Hi everyone,

I am looking into the AOS process and had a few questions that I have not found answers to on the forum or on Google. On the Affidavit of Support for AOS (Form I-864) under Part 6, question 13 it states, "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." There is a box to check, but what do I do if I did not file all three years? I filed last year, but the two years before that I was an unemployed student and claimed as a dependent on my father's taxes. I make more than the required amount of 125% above the poverty line now and have been for over a year. I was thinking of writing "See Attachment" and explaining the situation. However, will there be an issue since I didn't file? Should I get a co-sponsor just in case even though I make enough now? Thank you!

[Nich-Nick 3,354]

No, do not get a joint sponsor. Your CURRENT income is what counts.

There are separate instructions to download. Read them carefully. It says to write a statement if you were not required to file. Add the statement to the end of the I-864, along with your 2013 tax return. This is a cut and paste of something I wrote for another person. Fix the years and make it appropriate to your self for the two years you didn't file.

---------

Your name

Affidavit of Support for [spouse], case number xxxxxxxxx

STATEMENT OF WHY I DID NOT FILE A TAX RETURN

According to IRS publication 501-Exemptions, Standard Deduction, and Filing Information, I was not required to file an individual tax return. for the years 2010. 2011, and 2012 for the following reasons:

1. I was a full time student, unmarried, and under the age of 22

2. I was a dependent on my father's tax return

3. I was unemployed and had zero earned income in 2010, 2011, and 2012.

4. My unearned income was less than $950 each of those years.

Unearned income 2010 was $______

Unearned income 2011 was $______

Unearned income 2012 was $______

(signature)

Type out full name

-------------

(Unearned income would be interest if you got paid any on savings accounts (or your trust fund )

As far as the form goes, it is not going to fit you exactly but don't worry about it. I haven't tried the latest version, but on those lines for numbers off your tax return, try

2013. - $xxxx.xx

2012 - did not file or None or N/A or ------

2011 - (same)

I don't know if the form will take alpha characters.

Edited May 27, 2014 by Nich-Nick