I-864 Part 6, Question 19a

[rainbowcarrot 0]

Hi there,

I am filing Form I-864, Affidavit of Support and my husband who is sponsoring me has not filed his 2015 tax returns yet, but he did send in Form 4868 (Extension for Filing 2015 tax returns). So I have 2 questions:

1) Is it ok to explain that he requested for an extension and attach Form 4868 as evidence?

2) If my question above is ok, then for Part 6, Question 19a, do I put Tax Year - Most Recent as 2015? or 2014? If 2015, then what do I list under Total Income since he has not filed it yet? Do I just keep it as blank?

Thanks in advance!

[zack2244 0]

He still can file, but they will charge him penalty.

for 19a put his total wage income from his W-2 or 1099.

[MASH 172]

I seen a lots of people get RFE cause they did not send there 2015 tax return so I recommend geting that first before sending the AOS

[rainbowcarrot 0]

I'll try and see what happens. Isn't the point of the I-864 to show that the petitioner can financially support the intending immigrant?

We are also including his bank account statement which more than sufficiently shows that he can support

[MASH 172]

I'll try and see what happens. Isn't the point of the I-864 to show that the petitioner can financially support the intending immigrant?

We are also including his bank account statement which more than sufficiently shows that he can support

That is the purpose but it also shows how much he was making last year to see roughly what his yearly income looks like compared to to 2014 n 2013 to see if it's steady income

[KayDeeCee 4,896]

Hi there,

I am filing Form I-864, Affidavit of Support and my husband who is sponsoring me has not filed his 2015 tax returns yet, but he did send in Form 4868 (Extension for Filing 2015 tax returns). So I have 2 questions:

1) Is it ok to explain that he requested for an extension and attach Form 4868 as evidence?

2) If my question above is ok, then for Part 6, Question 19a, do I put Tax Year - Most Recent as 2015? or 2014? If 2015, then what do I list under Total Income since he has not filed it yet? Do I just keep it as blank?

Thanks in advance!

First off, is your spouse self-employed? If yes, then do not even attempt to send it without filing the taxes first. If no, then you could put N/A for the 2015 taxes and provide a statement explaining that you have filed for an extension and providing a copy of it along with the W-2 with that explanation, BUT I would suggest you just file the taxes first before submitting the I-864. A copy of the most recent taxes is a requirement to submit, so much less likely to get an RFE if you just go ahead and file first.

He still can file, but they will charge him penalty.

for 19a put his total wage income from his W-2 or 1099.

No. The info from the W-2/1099 is not what is asked for there. It asks for Total Income amount from most 1040 forms(or AGI from 1040EZ). That is what you put there. If you have not filed, then you would put N/A, as the instructions tell you to.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Edited May 23, 2016 by KayDeeCee

[rainbowcarrot 0]

Hi KayDeeCee,

My spouse is not self-employed. He would submit earlier but KPMG is doing his taxes and they have their own system. Since he missed the April deadline, it's likely they won't get to it until the October extension deadline...

You can't write N/A for the 19a Income Amount Box because it's numbers only.

[KayDeeCee 4,896]

Hi KayDeeCee,

My spouse is not self-employed. He would submit earlier but KPMG is doing his taxes and they have their own system. Since he missed the April deadline, it's likely they won't get to it until the October extension deadline...

You can't write N/A for the 19a Income Amount Box because it's numbers only.

Then you can send what I suggested along with the explanation of why the taxes were not filed yet. Does not mean you won't get an RFE for them still though, but you could go ahead and file for your AOS that way.

Then hand-write N/A after filling out and printing the form. From the instructions, Page 8 >

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.