Tax returns

[Divalicious 2]

Hello all.

My fiance was previously unemployed until this past year so only has one tax return to provide for the AOS. Will this prove a problem? Would our application most likely be declined?

[Nich-Nick 3,354]

No, unless he doesn't have enough current income. And by the time he provides financial information, it will be 2015 and he will have another one.

[Divalicious 2]

So if he is unemployed, thats a good enough reason to not file a tax return, am I correct? and they will accept it with just the one return?

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS-associated processes, past K1~

[d3adc0d3 186]

So if he is unemployed, thats a good enough reason to not file a tax return, am I correct? and they will accept it with just the one return?

If his income was less than 19,000 that one year than he is not required to file a tax return.

For the AoS, he needs to meet the income guidelines on his current income. If I am not mistaken, providing he meets that, then one income tax return, along with a letter from his employer stating when he started, his salary/wages, whether he's full/part time, if he's a contract/permanent employee, how long if he's a contract, and his last 4 pay stubs should be enough for the financial requirements and evidence. He could get a bank statement too, which if it's a joint account, will provide both evidence of a bona fide relationship and show proof of financial stability.

If he was unemployed due to going to college, have his attach a copy of his transcripts for the last year and a copy of his degree.

[Divalicious 2]

He was just unemployed, not in any kind of education. Are they likely to frown upon that?

[Nich-Nick 3,354]

So if he is unemployed, thats a good enough reason to not file a tax return, am I correct? and they will accept it with just the one return?

Your use of AOS in your post is a little confusing and it seems like (from other threads) you maybe haven't decided for sure which visa. So--

AOS- in a K1 fiancé discussion tends to be Adjustment of Status, ie applying for your greencard once in the US with the visa. So your post reads to me like you are planning ahead for after the visa since you are in the K1 forum. And the moderator has just moved you to the adjustment of status forum because of that.

AOS- in a CR1 spouse visa discussion tends to mean Affidavit of Support which may be what you actually meant when you said AOS. Can you clarify what you meant?

So back to answers--

If you will read the instructions to the I-864 Affidavit of Support (used for spouse visas and adjustment of status for K1s), it explains the tax return requirements. It is always best to get your info straight from the source.

Briefly it says

send in the most recent tax return

Two before that are optional

If you weren't required to file, submit a statement why not required.

Why would somebody not be required to file a tax return?

They were unemployed and earned zero income. It is call INCOME tax. No income, no tax.

They didn't work all year so their total income fell below the filing threshold...maybe they earned only $2000 in the year, so IRS says no need to file.

What reasons are not acceptable?

I lived in another country so the money earned abroad doesn't count.

I have been too busy to file.

On a K1 visa going through London, it is Form I-134 affidavit of support that is taken to the interview for a fiancé visa. London does not require seeing any tax returns if the sponsor can show other proofs of income.

[KayDeeCee 4,896]

If his income was less than 19,000 that one year than he is not required to file a tax return.

Where did you get that number? For the 2013 requirements, someone that is single(and under 65) has to file if they made at least $10k. Different income requirements for different filing statuses > http://www.irs.gov/publications/p554/ch01.html

OP> If you did not file taxes for any of the last 3 years, then you need to provide a statement as to why you were not legally required to file. If you were unemployed and the income was zero or too low for the year, then yes, that is a valid reason to not legally file.

And yes, are you talking about filing for AOS after you are in the US on the K-1 and married, which would be the I-864, or are you speaking of AOS as in an Affidavit of Support for the K-1 visa interview, which would be the I-134 and has different requirements?

Edited September 30, 2014 by KayDeeCee

[Divalicious 2]

I do apologize for the mix up. I did mean Affidavit of support after the K-1 has been accepted and we are married. I just wanted to check that they would accepted as I saw the form asks for the past 3 years of tax returns and he is likely to only have one as being unemployed until now.

[KayDeeCee 4,896]

Ok good, then this is the correct forum, and the answers provided were about the I-864 you need for adjustment of status(AOS). If you did not file any of the previous 3 years, then you include a statement as to why you were not legally required to file.

[d3adc0d3 186]

Where did you get that number? For the 2013 requirements, someone that is single(and under 65) has to file if they made at least $10k. Different income requirements for different filing statuses > http://www.irs.gov/publications/p554/ch01.html

OP> If you did not file taxes for any of the last 3 years, then you need to provide a statement as to why you were not legally required to file. If you were unemployed and the income was zero or too low for the year, then yes, that is a valid reason to not legally file.

And yes, are you talking about filing for AOS after you are in the US on the K-1 and married, which would be the I-864, or are you speaking of AOS as in an Affidavit of Support for the K-1 visa interview, which would be the I-134 and has different requirements?

That is my mistake, it is 10k for a single person with no children 19k for me. I have two disabled children.

Edited October 1, 2014 by d3adc0d3