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Filed: K-1 Visa Country: England
Timeline
Posted

Hey guys,

My wife is only 18 and at the moment is in the same boat as me with no job yet. I moved here from England and we got married last month. We're filing for the A.O.S, E.A.D and A.P now and have a question.

She is only 18 and has never filed a Tax Return, yet it asks for last years on the I-864. The only work she has done was in September 2006 for a couple weeks. What would she do for this question on the affidavit?

Phil

Filed: AOS (apr) Country: Mexico
Timeline
Posted
Hey guys,

My wife is only 18 and at the moment is in the same boat as me with no job yet. I moved here from England and we got married last month. We're filing for the A.O.S, E.A.D and A.P now and have a question.

She is only 18 and has never filed a Tax Return, yet it asks for last years on the I-864. The only work she has done was in September 2006 for a couple weeks. What would she do for this question on the affidavit?

Phil

You should look for a sponsor, maybe her mom or her dad or a relative, someone who will be responsable of you until you can work legally. Someone who can help you and can be your sponsor.

may 2 sent i 129 f to ins calif srvc cntr in laguna niguel

may 15 received receipt or noa 1

may 17 touched

june 28 r.f.e./imbra

august 08 sent rfe back to uscis

august 17 e mail notification of receipt for imbra rfe <107 days>

sept 11 e mail noa 2 approved <132 days>

sept 25 sent from uscis to nvc

oct 2 nvc received/new number assigned

oct 4 sent to embassy in juarez mexico

oct 20 embassy sent packet to fiancee

nov 1 us citizen received packet from consulate

dec 5 interview and got visa

dec 7 coming to calif

Filed: AOS (pnd) Country: India
Timeline
Posted

You need to read the form and its requirements thoroughly, specially on the income criteria.

There is a certain minimum income criteria for a sponsor, first find out whether she meets it.

If not, you need to find a co sponsor.

It is essential for the sponsor and co sponsor to file tax returns.

If you are not ready with this, then wait till you are before filing for your AOS.

There is no deadline within which you need to file it.

she might not owe anything to IRS, but filing is essential

I_864.pdf

Filed: K-1 Visa Country: England
Timeline
Posted
You need to read the form and its requirements thoroughly, specially on the income criteria.

There is a certain minimum income criteria for a sponsor, first find out whether she meets it.

If not, you need to find a co sponsor.

It is essential for the sponsor and co sponsor to file tax returns.

If you are not ready with this, then wait till you are before filing for your AOS.

There is no deadline within which you need to file it.

she might not owe anything to IRS, but filing is essential

She has no job, so doesn't meet the income requirements, but her step-father does and he will be filing his affidavit with hers. He will also file his 2006 tax return.

Is anyone else in a similar situation? I would have thought the IRS would have notified her to file a tax return if she needed to....

Posted

If she didn't file taxes on 2006, 2005 and 2005 because she did less than a certain amount of money (look at each years 1040 to know with how much money the requirement to fill taxes start). If she didn't fill taxes because she did less money than the required to fill taxes, then she should write an statement saying that. My husband didn't fill taxes on 2004 because he did less than around $7000, and he wrote an statement saying that.

(I hope that it's clear enough).

Read the instructions for I485. It explains there everything!!! Good luck.

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04/07/2007 Sent I-130, I-485, I-765, I-131

07/10/2007 Green Card Interview!!!APPROVED!!!!!!!!DAY 93

Removal of Condition

06/08/2009 Sent I-751

06/09/09 Package Arrived

07/21/09 Biometrics

8/13/09 Card Production Ordered!!!

Filed: K-1 Visa Country: England
Timeline
Posted
If she didn't file taxes on 2006, 2005 and 2005 because she did less than a certain amount of money (look at each years 1040 to know with how much money the requirement to fill taxes start). If she didn't fill taxes because she did less money than the required to fill taxes, then she should write an statement saying that. My husband didn't fill taxes on 2004 because he did less than around $7000, and he wrote an statement saying that.

(I hope that it's clear enough).

Read the instructions for I485. It explains there everything!!! Good luck.

Thanks Burke, I think that has cleared everything up. She only worked a couple weeks so would not have earned enough to file a tax return in 2006.

Phil

Posted (edited)

You're welcome!!!!

I am pretty sure that she will have to do that for the last three years (2004, 2005 and 2006). but you should read the instructions for I485 to make sure about it!!!

Edited by burke

Green Card

04/07/2007 Sent I-130, I-485, I-765, I-131

07/10/2007 Green Card Interview!!!APPROVED!!!!!!!!DAY 93

Removal of Condition

06/08/2009 Sent I-751

06/09/09 Package Arrived

07/21/09 Biometrics

8/13/09 Card Production Ordered!!!

Posted
She has no job, so doesn't meet the income requirements, but her step-father does and he will be filing his affidavit with hers. He will also file his 2006 tax return.

Its no problem. Your wife needs to be your sponsor, she simply needs to write a letter explaining why she did not file taxes (being just out of school is a good reason) to accompany her I-864. Your step-father will need to file another I-864 with his tax return/w-2s to support your wife's I-864. I'm assuming you don't live with your step father here.

I would have thought the IRS would have notified her to file a tax return if she needed to....

:lol: You have much to learn about the IRS my son. ;)

Filed: Citizen (apr) Country: Ghana
Timeline
Posted

Yes, Dr_LHA is right. All you need to do is have your wife write a letter explaining why she didn't file a return. My husband also didn't file one in 2005 'cos he was a full-time student. For our AOS, we just attached an explanation letter, and a photocopy of the IRS publication that shows why he didn't need to file a return for 2005 because of his low income. We also mentioned that he was listed as dependent on his parent's return. It's really up to you.

This is just my two cents. Good luck.

N-400 Naturalization

03/22/10...N-400 mailed to Phoenix,AZ Lockbox

04/06/10...Check cashed. NOA1

05/07/10...Biometrics appointment

06/23/10...Interview appointment - PASSED!

08/19/10...Oath ceremony - Officially a US citizen!!!

08/24/10...Updated SSN records

08/31/10...Applied for US Passport and Card

09/15/10...Received US Passport and Card

I -751 Removal of conditions

04/04/09...I-751 sent to California service center

04/12/09...NOA1. permanent residence extended for one year.

06/10/09...Biometrics appointment done

06/21/09...2 yr GC expired

07/09/09...Approval letter received in the mail!!! GC approved 07/06/09

07/20/09...10 yr GC arrived in the mail.

AOS/EAD timeline: F1 to AOS (married to USC)

11/14/06.....I-130/I-485/I-765 sent to Chicago Lockbox (Day1)

11/21/06......Checks cashed, NOA1 for I-130/I-1485/EAD arrives in mail (Day 8)

12/12/06.... Biometrics done (Day 29)

01/20/07...Interview notice received dated Jan. 12, Yay!! (Day 68)

01/30/07....EAD touched, finally!(Day 78)

02/01/07....I-485, I-130 touched. EAD card production ordered (Day 80)

02/07/07....EAD card received in mail (Day 86)

02/26/07...Interview - name check pending (Day 105)

06/21/07.... Card production ordered email...omigosh! (Day 220)

06/24/07.....Email: Notice mailed welcoming new permanent resident on 6/22

06/30/07.....Welcome notice received in snail mail

07/02/07....Email: Approval notice sent. GC received in mail!!! (232 days from filing)

Filed: Timeline
Posted

Phil,

She would follow the directions and provide an explanation as to why, in accordance with the tax code, she has never filed a tax return.

Yodrak

Hey guys,

My wife is only 18 and at the moment is in the same boat as me with no job yet. I moved here from England and we got married last month. We're filing for the A.O.S, E.A.D and A.P now and have a question.

She is only 18 and has never filed a Tax Return, yet it asks for last years on the I-864. The only work she has done was in September 2006 for a couple weeks. What would she do for this question on the affidavit?

Phil

 
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