They want to see if you're filing your taxes!!

[SabrinaJerome 52]

Hi all,

We got a checklist and the financial support response was that the NVC wants to see my 2016 tax return.

I had sent an abundance of information to show that I can support my husband (W2, tons of paystubs, SS form which shows my salary history, letter from my employer, bank statements which alone show an amount well above what would be required to support 1 person, 2015 return, etc) and so I was curious to know why they needed the 2016 return.

Agent: because they want to see that you're filing your taxes. [she might've said paying but I don't remember] 

Me: I'm sorry, what?

A: they want to see that you're filing taxes

Me: ummm... I don't understand. I've never heard of that in any government directions, forum, etc. How does that prove that I can support my husband?

A: It's not about that. They just want to see that you're ..

Me: That I'm a good and upright citizen?

A: Well, no, it's -

Me: I don't see how that supports my case at all. I didn't file taxes because the government owes me a ton of money and I wanted to wait until my husband got his SS number so I didn't have to file twice, the second time being an amendment, from married filing separately to married filing jointly. I sent the 2015 return, which shows that I file taxes. When I sent my AOS package to the NVC it was February, so I technically had time in which to file by April... I just.... I don't....

A: I'm sorry ma'am that's what they want.

Me: [head explodes]

 

Before I started working I was told that as long as I had enough in the bank I wouldn't even have to show an income. What gives?!?!?

[chamma 382]

did you submit an extension for FY2016 to the NVC?

[Liam2021 582]

You totally wrong. 2016 tax information is required, so you need to submit  2016 tax info.

[SAJourney 16]

Not sure why you are questioning this requirement.  It's a clear requirement for the AOS which in turn is a clear requirement for the IV application.  Certainly clearer than requirements like providing evidence that you have a bonafide marriage.

 

I mean, why have this whole I130 petition, IV application and the associated reams of forms?  Why not just show up at the POE with your marriage certificate and spouse?

[SabrinaJerome 52]

3 hours ago, chamma said:

did you submit an extension for FY2016 to the NVC?

No, because I didn't ask the IRS for an extension because they owe ME money. I have never had a problem filing late when the IRS owes me money.

I sent them my 2015 return which showed that I owed/paid the IRS.

[SabrinaJerome 52]

2 hours ago, SAJourney said:

Not sure why you are questioning this requirement.  It's a clear requirement for the AOS which in turn is a clear requirement for the IV application.  Certainly clearer than requirements like providing evidence that you have a bonafide marriage.

 

I mean, why have this whole I130 petition, IV application and the associated reams of forms?  Why not just show up at the POE with your marriage certificate and spouse?

I see your point, and I guess because I started the NVC packages in Nov-Dec of last year, the most current tax year was 2015. When my husband finally got his police certificate it was February so that's how I sent it in.

And besides, I didn't even need to show income since the bank account would've sufficed. Many people have written that they have not filed for the last x years and didn't need to file.

On the other hand, maybe we should just do what you're saying. He can just come in on his tourist visa and adjust status. I'm so done.

Thanks for your suggestion.

Edited May 11, 2017 by SabrinaJerome

[SAJourney 16]

I'm pretty sure that would get your husband 

51 minutes ago, SabrinaJerome said:

 

On the other hand, maybe we should just do what you're saying. He can just come in on his tourist visa and adjust status. I'm so done.

 

I'm pretty sure that would get your husband deported.  But I think you know that.

 

[Possiblymaybe 371]

Check the Adjustment of Status requirements... you'll see that you will need to provide the most current 3 years of tax transcripts.

[SabrinaJerome 52]

1 hour ago, SAJourney said:

I'm pretty sure that would get your husband 

I'm pretty sure that would get your husband deported.  But I think you know that.

 

Following an adjustment of status procedure is grounds for being deported? 

[Roel 7,192]

USCIS doesn't care about your opinion about taxes. If the requirement states that you need to provide recent tax return then yoiu have to do it or they will not accept your application ( because missing documents). And coming on tourist visa with the intent to adjust is a fraud indeed.

[SAJourney 16]

20 minutes ago, SabrinaJerome said:

Following an adjustment of status procedure is grounds for being deported? 

 

Entering on a tourist visa with the intent to immigrate is grounds for deportation.  

 

I'm sorry if I what I said earlier was misinterpreted.  I was just trying to say that the rules are what they are and that in an ideal world it should be as simple as having your spouse show up at the airport with a marriage certificate and you showing that you are a citizen and/or a resident.  But unfortunately, it is anything but simple.

[Ash.1101 1,756]

3 hours ago, SabrinaJerome said:

I see your point, and I guess because I started the NVC packages in Nov-Dec of last year, the most current tax year was 2015. When my husband finally got his police certificate it was February so that's how I sent it in.

And besides, I didn't even need to show income since the bank account would've sufficed. Many people have written that they have not filed for the last x years and didn't need to file.

On the other hand, maybe we should just do what you're saying. He can just come in on his tourist visa and adjust status. I'm so done.

Thanks for your suggestion.

The most current tax year in their eyes, is the most recent year to when they finally get to your file. This happens to people who AOS as well, say they send in their AOS in Dec 2015, and USCIS doesn't get to looking at their case until May or later, they get asked for 2016 even if they provided 2015. It's not most recent year of the time that you filed, but most recent year by the time they get to it.


Also, as other have stated, intentions on coming into the US on a tourist visa and AOS is fraud, but note that AOS requires the exact same thing for the I-864, so you could end up in the same pickle.

[SabrinaJerome 52]

45 minutes ago, jenafid said:

Check the Adjustment of Status requirements... you'll see that you will need to provide the most current 3 years of tax transcripts.

What form for Affidavit of Support is used for Adjustment of Status? Is it the same Form I-864?

If it is, Form I-864 says:
Item 18a: You MUST attach a photocopy of transcript of your Federal Income tax return for only the most recent tax year.

Item 20: I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this.

 

Or is it a different form?

 

I guess I'm thinking, if you didn't have to file, you didn't have to file. NVC can't change that.

[Ash.1101 1,756]

6 minutes ago, SabrinaJerome said:

What form for Affidavit of Support is used for Adjustment of Status? Is it the same Form I-864?

If it is, Form I-864 says:
Item 18a: You MUST attach a photocopy of transcript of your Federal Income tax return for only the most recent tax year.

Item 20: I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this.

 

Or is it a different form?

 

I guess I'm thinking, if you didn't have to file, you didn't have to file. NVC can't change that.

AOS is the I-864 with the same requirements.

Also, three years of tax returns are reccomended, but only one is required, but it DOES ask for the tax information for the past three years. Either way, like I said in an above post, since they got to your case AFTER the 2017 deadline, you'll have to provide 2016 tax information.

If you are not required to legally file (usually due to making UNDER the legal limit), then you simply attach a statement explaining why you didn't have to file. Many people here who make under 10k (the limit for single, I think 20k's the married limit) have all successfully attached statements showing their income is too low.

Now, saying you're not filing taxes because you're waiting on the IRS to do their thing may not be an acceptable response. 

Note again though that there is a difference between being legally exempt from filing and choosing not to file. Choosing not to file when you made more than enough, and not doing an extension, isn't an option for the I-864.

Edited May 12, 2017 by Ash.1101

[mallafri76 1,012]

The i-864 instructions say that you're required to attach your most recent tax return. However, if you weren't required to file taxes then you attach a letter stating this and why you were exempt from filing taxes.