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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hello all, IM sure this has been asked and answered before but i cannot find an answer that totally satisfies me.

the i-864 ask for the past 3 years tax return amounts. I only have the past 2 years returns as i did unpaid training for the end of 2013. Will this be a huge problem for us? As of now i am making well over the needed amount to pass and have steadily gotten a higher salary every year since 2014.

Since i didnt make anything in 2013 i did not file a return, should i file one as a 0 income and submit that or just mark the box as a 0 on the i-864 and leave it at that? Im not sure how seriously they focus on the past years as long as your income is steady and enough.

I can also send a letter from my employer that can explain the situation of the training and saying my current position and salary.

thanks for any help

Filed: K-1 Visa Country: Mexico
Timeline
Posted

Both options would suffice I believe.

I would suggest to write up something simple as an attachment to the I-864, here's an example:

As per IRS law regarding Tax Year XXXX, an individual with income less than $xxxx per year is not required to file a tax return. As I was unemployed and not receiving any income of any kind, I was not required to file.

You could also just file a $0 return... that actually would be the better recommendation as not only does it provide proof to immigration you had 0 to report but it keeps your record going with IRS and helps prevent fraud.

Maria

Maria ~ U.S. Citizen

 

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Posted

Also in addition to saying you were unemployed and not receiving income, you might mention that you were in training/vocational training/internship/whatever it was. I'm sure with 2 years of decent salary they should believe it's a totally legit reason.

Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

If you are that young as to not have 3 years back of income to file taxes on, then you don't have to force yourself. your age and insufficient income as of 2013 are proof enough to just file 2 years. also, do what others here advise you, an affidavit stating of your reason for non filing in 2013.

you are doing what is natural. nothing to file, so nobody can punish you for it, ok?

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

The instructions are quite clear and not vague about this at all. You just need to read and follow them. No need to file back taxes for a year in which your income was too low to have to file.

Page 8 of the I-864 instructions >

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you
must file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before
submitting Form I-864. If you were not required to file a Federal income tax return under U.S. tax law because your
income was too low, attach a typed or printed explanation.
If you were not required to file a Federal income tax return
under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and
how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent
residents from filing a U.S. Federal income tax return. See Filing Requirements in the IRS Form 1040 Filing Instructions
to determine whether you were required to file.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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