I-864 Help

[Tunisian_tunisia 13]

Hi everyone,i got some questions and i wish i can recieve help on them

im trying to file my i-864,my wife started working in october 2016 so she's not making enough to sponsor me especially that she have 2 kids already so her dad is gonna be our co-sponsor,he gave us his last 3 years w2's and 1040's except for the 2016 1040 bcuz he didn't file a tax return yet so my questions are :

- can we send in the 2016 w2 without the form 1040 ? 

-or should we wait till he get his 2016 form 1040,and then we send it in

the only reason we r rushing to send the papers in is that i need to work ASAP>

PS; my visa expires in april

thank u so much for ur help

[pantonia 39]

I'd get 2015, 2014 and 2013 tax returns + W2 of 2016 and a letter of explanation saying that the co sponsor hasn't filed taxes yet. I think the worse that can happen is that you get a RFIE saying that you need the tax return from 2016, and by then your joint sponsor should have it.

[Penguin_ie 5,996]

You don;t need 2016 taxes until after the April deadline, so you should be fine.

[Tunisian_tunisia 13]

i saw some posts from people who submitted their applications in january and didn't submit the 1040 for 2016,and they got an RFE asking for 2016 taxes

i wanna avoid having an RFE,so can an explanation be fine ?? i have everything except for 2016's 1040 from my co sponsor

also,another qstion,whats my time limit to send my AOS,my visa expires in april 12th

[Tunisian_tunisia 13]

On 2/26/2017 at 5:00 AM, Penguin_ie said:

You don;t need 2016 taxes until after the April deadline, so you should be fine.

i saw some posts from people who submitted their applications in january and didn't submit the 1040 for 2016,and they got an RFE asking for 2016 taxes

i wanna avoid having an RFE,so can an explanation be fine ?? i have everything except for 2016's 1040 from my co sponsor

also,another qstion,whats my time limit to send my AOS,my visa expires in april 12th

[Tunisian_tunisia 13]

On 2/26/2017 at 0:24 AM, pantonia said:

I'd get 2015, 2014 and 2013 tax returns + W2 of 2016 and a letter of explanation saying that the co sponsor hasn't filed taxes yet. I think the worse that can happen is that you get a RFIE saying that you need the tax return from 2016, and by then your joint sponsor should have it.

i saw some posts from people who submitted their applications in january and didn't submit the 1040 for 2016,and they got an RFE asking for 2016 taxes

i wanna avoid having an RFE,so can an explanation be fine ?? i have everything except for 2016's 1040 from my co sponsor

also,another qstion,whats my time limit to send my AOS,my visa expires in april 12th

[pantonia 39]

2 hours ago, Tunisian_tunisia said:

i saw some posts from people who submitted their applications in january and didn't submit the 1040 for 2016,and they got an RFE asking for 2016 taxes

i wanna avoid having an RFE,so can an explanation be fine ?? There's literally no telling. Either way, you can't do more than that it seems, so it'll have to do. but since it's almost march, they might think enough time has passed that your co sponsor SHOULD have filed by now.  i have everything except for 2016's 1040 from my co sponsor 

also,another qstion,whats my time limit to send my AOS,my visa expires in april 12th Do you mean your k-1 visa? If you mean the date printed on it, that's how long you have TO USE IT. But as soon as you enter the country, it expires because it's a one-entry  visa. After you enter the country, you have to marry and file for AOS before 90 days are up (the exact date is on your I-94).

 

[Tunisian_tunisia 13]

26 minutes ago, pantonia said:

 

Okay thank u so much,but i guess im gonna wait for the 1040 and then send my AOS,its better to wait a little more and be sure of it than sending it and have an RFE and then wait more longer if they reset my waiting time 

but thank u so much 

[Californiansunset 336]

1 hour ago, Tunisian_tunisia said:

Okay thank u so much,but i guess im gonna wait for the 1040 and then send my AOS,its better to wait a little more and be sure of it than sending it and have an RFE and then wait more longer if they reset my waiting time 

but thank u so much 

You're doing the right thing by waiting for your 2016 1040 paper. I called USCIS twice today (just to make sure I get the same answer by two different people) asking about documents for my I-864 that I forgot to submit when I send my AOS package last week. They said that by now most AOS filers who don't send any 2016 tax will get an RFIE. I know that people on VJ say that up until April it's not mandatory to send 2016 tax documents but apparently the USCIS hotline staff thinks differently so to be on the safe side, definiert wait for your 2016 documents to send with your AOS. 

[Tunisian_tunisia 13]

14 hours ago, Californiansunset said:

You're doing the right thing by waiting for your 2016 1040 paper. I called USCIS twice today (just to make sure I get the same answer by two different people) asking about documents for my I-864 that I forgot to submit when I send my AOS package last week. They said that by now most AOS filers who don't send any 2016 tax will get an RFIE. I know that people on VJ say that up until April it's not mandatory to send 2016 tax documents but apparently the USCIS hotline staff thinks differently so to be on the safe side, definiert wait for your 2016 documents to send with your AOS. 

Okay Thank u ;D

i have another qstion,my wife didn't work for the years 2014 and 2015,so in part 6 of the for the form i864,should she choose item number 20 ? and if she does what evidence can we provide ?

[pantonia 39]

3 hours ago, Tunisian_tunisia said:

Okay Thank u ;D

i have another qstion,my wife didn't work for the years 2014 and 2015,so in part 6 of the for the form i864,should she choose item number 20 ? and if she does what evidence can we provide ?

I'm not sure about this one, depends on her reasons. For sure you need to attach a letter of explanation (title it Letter of explanation regarding form......question.....) stating why she didn't have to file. In my husband's case he was a student, so on top of the letter, he provided school documents that showed he was a student.

 

There's other things you can do, but they are not bulletproof.  there is this Verification of Non-filing Letter that the IRS can provide her with, but it'll only prove that she didn't file, not that she didn't have to. Other than that, proof would depend on the reason she didn't have to file.

[pantonia 39]

18 hours ago, Californiansunset said:

You're doing the right thing by waiting for your 2016 1040 paper. I called USCIS twice today (just to make sure I get the same answer by two different people) asking about documents for my I-864 that I forgot to submit when I send my AOS package last week. They said that by now most AOS filers who don't send any 2016 tax will get an RFIE. I know that people on VJ say that up until April it's not mandatory to send 2016 tax documents but apparently the USCIS hotline staff thinks differently so to be on the safe side, definiert wait for your 2016 documents to send with your AOS. 

I agree with this. Ultimately, I would wait for the 2016 tax filing if OP can.

 

On a side note, I believe USCIS officers and clerks are trained very poorly. I had SO many problems with getting answers from them. For one specific issue/question, I had an InfoPass, 3 calls to USCIS, two of which got escalated to immigration officers and they all had different things to say, most of them directly contradicting each other, and they all were "sure" of their answer. The best I got from one of the immigration officer was "oh, well if it says so on our website then it must be so", after I pushed because I knew he was wrong. Sometimes not even USCIS will give you the right answer  

[Tunisian_tunisia 13]

8 minutes ago, pantonia said:

I agree with this. Ultimately, I would wait for the 2016 tax filing if OP can.

 

On a side note, I believe USCIS officers and clerks are trained very poorly. I had SO many problems with getting answers from them. For one specific issue/question, I had an InfoPass, 3 calls to USCIS, two of which got escalated to immigration officers and they all had different things to say, most of them directly contradicting each other, and they all were "sure" of their answer. The best I got from one of the immigration officer was "oh, well if it says so on our website then it must be so", after I pushed because I knew he was wrong. Sometimes not even USCIS will give you the right answer  

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.

this is what the instructions says ;/

 

[Californiansunset 336]

3 hours ago, Tunisian_tunisia said:

Okay Thank u ;D

i have another qstion,my wife didn't work for the years 2014 and 2015,so in part 6 of the for the form i864,should she choose item number 20 ? and if she does what evidence can we provide ?

I didn't have this problem so I'm not sure what is best to do in your case. I'm sorry! 

[Californiansunset 336]

17 minutes ago, pantonia said:

I agree with this. Ultimately, I would wait for the 2016 tax filing if OP can.

 

On a side note, I believe USCIS officers and clerks are trained very poorly. I had SO many problems with getting answers from them. For one specific issue/question, I had an InfoPass, 3 calls to USCIS, two of which got escalated to immigration officers and they all had different things to say, most of them directly contradicting each other, and they all were "sure" of their answer. The best I got from one of the immigration officer was "oh, well if it says so on our website then it must be so", after I pushed because I knew he was wrong. Sometimes not even USCIS will give you the right answer  

This is so true! I know it solely depends on the person looking at your package what he thinks is right. No one can give you the right answer which is very frustrating. 

I'm sure there will be plenty of ppl who won't submit their 2016 Tax Return and they will end up being fine, in the end it doesn't matter what the USCIS staff on the phone says but it's up to the officer looking at your file. I'll just rather be on the safe side