I-864 question

[RosaMystica7 0]

On the I-864 (Paris asks for it in packet 3 and then takes the I-134 instead, so I'm preparing it just in case) Question 25:

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.

It's true that I'm attaching my most recent year's tax return... but I didn't file the 2 years before that. In 2004 I had no income and in 2005 my income was only, like, $90. The instructions say to write a letter indicating why I didn't file so I did that. How do I handle this question? I'm guessing I don't check the box since only 1 out of the 2 statements is true for me. Then do I only fill out the line that says "most recent" and leave the next 2 lines blank? Or on the next 2 lines should I write "see attached letter"? Or what?

[bdesj 0]

Wish I knew, Angilla! They don`t leave much room for "other", do they? I had to respond here because, even though I don`t know the answer you need, I`m half stuck on the same question `cause I`m a different "other". Just thought it was kinda funny! Good luck!

[RosaMystica7 0]

Yeah, not too many options on that question! We'll figure something out. What's your "other"?

Edited February 18, 2007 by Angilla

[bdesj 0]

The first box says something like "I filed the last three years but I`m submitting my 1040 ONLY for last year." The next box says more or less "I`m submitting from two years ago and from three years ago." Well, I`m giving them my 1040s from all three, which is what they really want, I think. In the end, I checked both boxes and I can`t see a problem with it, but it doesn`t seem right. It`s badly worded.

[RosaMystica7 0]

You know, that's a good point.

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.

I have attached photocopies or transcripts of my Federal tax returns for my second and third most recent tax years.

Hmm. I guess checking both boxes there is the right choice, but... they really need to fix this part of the form. It's funny, we both have an issue with different parts of the first checkbox. I don't reel right checking it because I haven't filed for the last three years, but I don't feel right not checking it because I AM attaching my most recent year's tax return, and I don't know if I should leave the 2nd and 3rd lines blank or "see attached letter" or what. *scratches chin*

Edited February 18, 2007 by Angilla

[CutienPurg 0]

Question 25 on the I-864 requires the sponsor to check a box indicating that he or she has either (1) filed a tax return for each of the three most recent tax years and is attaching a photocopy or transcript of the most recent return, or (2) is voluntarily attaching photocopies of the tax returns for the second and third most recent tax years. This now reflects the latest policy memos from USCIS and DOS that reduced the proof of tax filings to the most recent year rather than the last three years. Regrettably, there is no comparable box to check if the sponsor did not have a tax liability for any of those three years. If the reason is due to insufficient income, the instructions tell the sponsor to "attach a written explanation," so presumably he or she would still qualify to check the first box.

If the sponsor is exempt from tax filing due to some other reason, he or she must "attach a written explanation including evidence of the exemption and how [he or she is]subject to it." The sponsor in that case may still submit other evidence of annual income. The sponsor or household member must establish by a preponderance of the evidence that he or she had no duty to file the tax return. Being exempt from the income tax filing requirement does not exempt the sponsor from the affidavit of support filing requirement.

The sponsor must list on the I-864 the total income for the last three tax years as reported on those tax returns, since they will be used as an indication of the sponsor's ability to maintain that income over time. If estimated current annual income appears significantly higher than past reported income, or if the income varies widely from year to year, it will likely raise suspicions with an adjudicator. In those cases, expect the USCIS or consular official to request additional proof, such as pay stubs or an employer's letter. Otherwise, those employment records are no longer required to be submitted with the affidavit of support.

The instructions also specify which line from the tax return should be used when reporting "total" income — either gross or adjusted gross — and explain that it is only the federal tax return that must be submitted. The sponsor or household member should not submit a state or foreign income tax return unless the person had no federal tax liability and wants to use the return to verify current income. The sponsor may submit either a plain (uncertified) IRS transcript or a photocopy of the tax return from his or her own records. Include the W-2, Form 1099, and all other attachments and schedules that were submitted with the federal return.

http://www.visajourney.com/forums/index.ph...mp;#entry599625

[RosaMystica7 0]

Wow, that really clears things up, thanks CutienPurg!

[CutienPurg 0]

you're very welcome !

Good Luck