I-485, I-864 with only one year of taxes filed

[Zia Ur Rehman 0]

Hi,

My wife is a US citizen, but had been living out of US for several years and only moved back to US at the beginning of 2017. She filed her tax returns for the year 2017 just a few days ago, and was preparing the form I-864 to support my I-485 application for adjustment of status.

 

I was granted a K-1 visa at the end of 2017 and entered the us in Dec 2017. We got married 4 days after the country, and we intend to stay in the US. I need to get my status adjusted in order to be able to get on with life and work. We were under the impression that the sponsor must have filed taxes at least once, and the tax returns should go with I-864 (along with the supporting W-2 etc.) that should accompany the original application I-485.

 

While filling I-864, under part 6, there is a field 18.a. that says: Have you filed a Federal income tax return for each of the three most recent tax years? Yes/No

And immediately following it is the note saying: You must attach a photocopy or transcript of your Federal income tax return for only the most recent tax year.

And then the fields 19.a, 19.b and 19.c ask for the reported income for the three most recent tax years.

 

We're now worried that because my wife has not been filing tax returns for all of the past three years, she may not be eligible to sponsor me. Is that the case?

Right now, we have our forms set up like this:

18.a. No

18.b. Unchecked

19.a. 2017 - [income here]

19.b. Blank

19.c. Blank

And a copy of the 2017 tax returns, as well as her W-2 form from her employer, is attached to the form.

 

Please advise.

Thank you so much for the time.

[Khallaf 650]

6 minutes ago, Zia Ur Rehman said:

Hi,

My wife is a US citizen, but had been living out of US for several years and only moved back to US at the beginning of 2017. She filed her tax returns for the year 2017 just a few days ago, and was preparing the form I-864 to support my I-485 application for adjustment of status.

 

I was granted a K-1 visa at the end of 2017 and entered the us in Dec 2017. We got married 4 days after the country, and we intend to stay in the US. I need to get my status adjusted in order to be able to get on with life and work. We were under the impression that the sponsor must have filed taxes at least once, and the tax returns should go with I-864 (along with the supporting W-2 etc.) that should accompany the original application I-485.

 

While filling I-864, under part 6, there is a field 18.a. that says: Have you filed a Federal income tax return for each of the three most recent tax years? Yes/No

And immediately following it is the note saying: You must attach a photocopy or transcript of your Federal income tax return for only the most recent tax year.

And then the fields 19.a, 19.b and 19.c ask for the reported income for the three most recent tax years.

 

We're now worried that because my wife has not been filing tax returns for all of the past three years, she may not be eligible to sponsor me. Is that the case?

Right now, we have our forms set up like this:

18.a. No

18.b. Unchecked

19.a. 2017 - [income here]

19.b. Blank

19.c. Blank

And a copy of the 2017 tax returns, as well as her W-2 form from her employer, is attached to the form.

 

Please advise.

Thank you so much for the time.

from my understanding this will not cause a problem, only question is did she work while outside of the US and yet fail to file that information with the IRS? or did she live outside of USA not work at all?

 

when I talked to NVC about AOS for my husband they had told me they are only looking for the most resent tax return and right now they are asking for 2016, that in it self might cause a problem. Even though 2017 is open and you can file they will not be looking for that one right now.

 

best answer is to call NVC direct and let them know the situation, if she can get a letter from her employer and send a letter to explain why she was exempt from filing prior years you should be okay.

[Zia Ur Rehman 0]

3 minutes ago, Khallaf said:

only question is did she work while outside of the US and yet fail to file that information with the IRS? or did she live outside of USA not work at all?

The latter: She was born here and lived outside of US since she was a child (~7yo. don't remember) with her parents, studied abroad and returned to the US to start her career. Never collected any income abroad.

[Khallaf 650]

14 minutes ago, Zia Ur Rehman said:

The latter: She was born here and lived outside of US since she was a child (~7yo. don't remember) with her parents, studied abroad and returned to the US to start her career. Never collected any income abroad.

okay have her contact NVC explain the situation, since last time I checked and that was just last week NVC is looking for 2016 return not 2017, she can put down 2017 income provide a 2017 return, give the statement of employment from her work place, last 6 months pay stubs, they might tell her she will need a co-sponsor but better safe to ask first rather then send in all that and then get hit with a RFE. 

[Zia Ur Rehman 0]

Alright, will do. Thanks so much.

[kris&me 572]

you came on a K1 so she already did income verification and they approved

now,  you need present income to be 125% of poverty level income to continue 

they are more worried that you currently can sponsor the spouse till he is approved for work

did parents cosponsor for the K1?   or did immigration ask for a cosponsor? 

they could do this agan  / it is at discretion of the CO at inteview 

the above is true 

before april 15th they need 2016 tax returns (income proof)

after the 15th of april 2017 will be required 

so, you have the option to wait and make sure you can submit the 2017 tax return ( after they are processed stop by any IRS office and get an offical transcript)

[Zia Ur Rehman 0]

 

15 minutes ago, kris&me said:

you came on a K1 so she already did income verification and they approved

now,  you need present income to be 125% of poverty level income to continue 

they are more worried that you currently can sponsor the spouse till he is approved for work

did parents cosponsor for the K1?   or did immigration ask for a cosponsor? 

She did do the income verification part (and there was a different affidavit of support, I forgot the actual form number, filed along with the petition).

But the income verification for K-1 did not require tax returns. She had to attach her pay stubs and a letter from her employer. Should I attach that letter with the I-864 as well?

Her present income is way above 125% of the 2017 federal poverty level. Also, she does not need to sponsor me financially because I have some savings that should last till I get work authorization.

No cosponsors were needed or required, while the K-1 petition was being processed.