Tax questions regarding I-864

[divs76 0]

I came to the US on K1 last Dec and got married early March this year..so its time for

me to file my AOS. But I am facing an issue and did not find any similar posts that could give me some direction.

My husband is not in a position to pay of the huge amount of tax due for '06, so he hasn’t filed his returns yet..Is it possible that we submit a copy of the returns along with other supporting docs without actually having filed it? At the same time we could inform about this to the USCIS through a letter along with our AOS package.

His income is well above the 125 % requirement and he can comfortably sponsor me.

Though the I-864 has it mentioned that the returns need to be filed, would still like to have some idea if it could work this way since the objective of USCIS is to confirm his income and whether it’s enough to support/sponsor me rather than look into his income tax payment status..

He has full intention to pay his taxes in a future date but due to current financial issues unable to do so immediately.

We are confused about this. Looking for some advice and information.

[JoeMama 0]

You may have to seek the advice of a tax expert. Your post is quite unique. Sorry I don't have an answer for you past that. Play it safe and seek expert advice.

[Bobbie 1]

He can file his taxes and request an extension, then the taxes are done, and they put him on a payment plan.

Bobbie

[Boiler 44,855]

The Tax return is no for proof of employment and income, that is a separate issue.

My only thought is to send last years, this years do not have to be in yet.

[CutienPurg 0]

I agree with Bobbie and 2nd the idea of filing the taxes and requesting an extension. It's never good to avoid paying your taxes as the penalties suck.

I disagree with boiler on the issue of what taxes are considered current. I think the people having received RFE's for not having 2006 taxes included with their packet would disagree too.

Since the USCIS/DOS has offered no guidance on what they consider current and when they consider 2006 current, we are left to draw our own conclusion( unless someone has info on the policy , in which case everything that is about to follow will be meaningless ). The April 15th filing deadline seemed to be the logical conclusion for determining what is current. When people started to post that they received RFE's for their 2006 taxes, it didnt seem to make a lot of sense if they werent even due yet. To me anyway , it seemed to make sense after thinking about those RFE's, that 2006 taxes would be current after Jan 31...ish. Tax documents are required by law to be processed and mailed to the tax payer no later than Jan 31 , so anytime after say mid February , a person could realistically file their taxes..........choosing not to isn't a viable reason. Again this is just my conclusion.

I think it is important to include your taxes and in my opinion attaching an explanation of " I didnt pay my taxes because I couldnt afford to" would call your financial situation into question.

Another option and please someone correct me if Im wrong, there is no requirement for you to file your AOS right away unless you have personal reasons for filing it now. If your situation is due to improve , you could realistically wait to file AOS until then(unless of course that will take an exceptionally long time) if filing an extension is not an option you choose to pursue.........

If the tax return isn't to show income from the past , then what exactly is it's purpose?

The Tax return is no for proof of employment and income, that is a separate issue.

[divs76 0]

Thanks to each one you for your suggestion..

[elgringo 0]

They accept extensions too. You can have your husband file an extension for 2006 and then send that in place of the 2006 return.

[divs76 0]

Its the first time i posted a query on this site and amazed by the support extended by way of your prompt replies...

A great site and thanks to members for their active posts on this message board..

Cheers.....

DV