Form i-864 - Sponsor Tax Question

[johntamos 0]

I am filing for my wife's change of status to receive a green card she came into the country a month ago on a K1 Visa.

I was a full time Student from 2011-2015, but I have filed my taxes for 2015 and it is above the poverty guidelines as i was employed in 2015

Although, I filed for 2014 but I was only an intern so my income was very low, below the poverty guideline

I did not file taxes for 2013 or any year before as I was not working in my early college years.

My question is on Part 6 question 18a. It says "Have you filed for a Federal income tax return for each of the three most recent tax years?", Do I check Yes or No ?

and on 19.a, b, and c where it asks you to input the most recent tax year and total income. I'm guessing I can just fill in my 2015 tax return and leave the other two fields blank?

My intended solution is to mark YES to question 18a and only fill in 19a Most Recent Tax return for 2015. And provide a letter specifying that I was a student in with no income in 2013 and 2014.

Please let me know the best course of action.

Thanks

[KayDeeCee 4,896]

You did not file a return for each of the last 3 years, so the answer would be NO. You also check box #20 and provide a statement as to why you were not legally required to file taxes in 2013.

If you filed for any of the years, you enter the amount of the Total Income(line 22 of a 1040). You do not leave any of them blank. Follow the I-864 form instructions >

NOTE: Do not leave the boxes for Item Number 19.a. blank. Print or type the most recent tax year and your total
income for that most recent tax year. If the amount was zero, enter “zero” or if you were not required to file a Federal
income tax return enter “N/A” for not applicable.

[johntamos 0]

So you are saying I should put the declared income on box 19b even though it was below the poverty guideline. And put N/A in box 19c?

Like below:

19a - Fill this in as it was above poverty guidelines

19b - Fill this in even if it was below poverty guidelines?

19c - Put N/A since i didnt have income

Would doing all of this cause any problems or worries on getting a DENIED since i have only had income for the past year and the prior year it was low income?

Thanks

[KayDeeCee 4,896]

Yes, that is exactly what the form and instructions ask you to do.

Current annual income and past income from your tax returns are two separate things. You enter the tax info where it asks, and you enter your current annual income where it asks. Current income is the most important key to approval. You provide most recent complete return or transcript plus proof of your current income with a letter from employer and recent pay stubs.

[johntamos 0]

Yes, that is exactly what the form and instructions ask you to do.

Current annual income and past income from your tax returns are two separate things. You enter the tax info where it asks, and you enter your current annual income where it asks. Current income is the most important key to approval. You provide most recent complete return or transcript plus proof of your current income with a letter from employer and recent pay stubs.

ok, also would providing only one year of tax return cause my application to have a higher probability of getting denied?

Thanks for taking the time to answer my questions.

[KayDeeCee 4,896]

Why would submitting the one most recent tax return be a reason for denial? That is all the I-864 requires. Read through the I-864 form instructions.

If you are speaking of not having filed in the past, they will look at the overall totality of your situation. Being a student and then getting a job is something normal they see all the time. The most important key factor for being able to support the immigrant is having current annual income that meets the requirement, and will be stable and ongoing. This is why you should provide a letter from employer stating your position is permanent and your salary/hourly rate, plus recent pay stubs that show that is the amount the letter states you are receiving.

Current income amount doesn't come from the 2015 return. You take your hourly rate times how many hours worked per week and then multiply that weekly amount by 52. That is your current annual income amount you are listing where it asks, and documenting with the letter and pay stubs.