1864 - What if the last of the three optional years for tax returns is below poverty line?

[Angell Beal 4]

Hi,

I have a co-sponsor and her 2019 and 2018 tax returns are above the poverty line. However, in 2017 she was a Peace Corps volunteer and made below the poverty line due to earning in the local currency of Colombia. On the 1864 form it asks as an option to provide the previous 3 years tax return information. 

 

Would it be wise to just fill out 2019 and 2018 and leave 2017 blank  (what should I put in that blank if I decide to not disclose that?) or fill all three years out despite the low earnings in 2017?

 

Thank you,

Angell

[Timona 4,207]

The recent year is the most important. I had the same scenario

[Angell Beal 4]

Just now, Timona said:

The recent year is the most important. I had the same scenario

Thank you!

So for 2017, would it be better to just leave blank? 

[Crazy Cat 41,857]

38 minutes ago, Angell Beal said:

Hi,

I have a co-sponsor and her 2019 and 2018 tax returns are above the poverty line. However, in 2017 she was a Peace Corps volunteer and made below the poverty line due to earning in the local currency of Colombia. On the 1864 form it asks as an option to provide the previous 3 years tax return information. 

 

Would it be wise to just fill out 2019 and 2018 and leave 2017 blank  (what should I put in that blank if I decide to not disclose that?) or fill all three years out despite the low earnings in 2017?

 

Thank you,

Angell

You MUST list the 3 most recent years income amounts on the I-864...2019, 2018, 2017 if the joint sponsor filed a return.   You do not have the option to leave 2017 blank if the joint sponsor filed a return.  If the joint sponsor did not file due to low income, she can simply write "income below reporting threshold" on the form itself.  But you must either list the income on the filed tax return or the reason the joint sponsor was not required to file.

Edited October 22, 2020 by Lucky Cat

[Crazy Cat 41,857]

14 minutes ago, Timona said:

The recent year is the most important. I had the same scenario

That is not exactly true.....Current annual income is the most important factor (which is different from tax return data).  However, if a tax return was filed, you must list the income as reported for all 3 years on the I-864.  If a sponsor did not file a return, the sponsor must explain why he/she was not required to file  a return.

 

Edited October 22, 2020 by Lucky Cat

[Angell Beal 4]

Thank you so much everyone.

[Timona 4,207]

Per I-864, unless I am not understanding something:

1. Yes, you have to have filed taxes.
2. Per I-864, you can either provide USCIS with all the 3 recent years IRS Transcripts OR
3. Just provide USCIS the most recent year (2019) IRS Transcript

So in the OP's case, so as not to delay filing, I would go with option 3, leave I-864 23.b un-checked and explain, as @Lucky Catmentioned, what transpired with your 2017.

 

So in actual sense, you will list the incomes as reported on your 2019 and 2018 IRS Transcripts, do what @Lucky Cat mentioned for 2017, leave 23.b unchecked and only send USCIS the 2019 transcript.

 

And I do agree with you @Lucky Cat. 

 

I stand corrected. 

 

Edited October 22, 2020 by Timona

[Angell Beal 4]

During the interview, is it necessary to bring the original copies of the co-sponsor's I864 and tax returns?

[JFH 12,190]

***procedural question moved from 'progress reports' to 'process and procedures'***

[pushbrk 12,883]

On 10/22/2020 at 1:58 PM, Angell Beal said:

Hi,

I have a co-sponsor and her 2019 and 2018 tax returns are above the poverty line. However, in 2017 she was a Peace Corps volunteer and made below the poverty line due to earning in the local currency of Colombia. On the 1864 form it asks as an option to provide the previous 3 years tax return information. 

 

Would it be wise to just fill out 2019 and 2018 and leave 2017 blank  (what should I put in that blank if I decide to not disclose that?) or fill all three years out despite the low earnings in 2017?

 

Thank you,

Angell

You already have good answers from Luckycat but just to be clear, with respect to entering numbers in the tax return question, there are no "optional years".  You enter the number from the returns, no matter what they are.  Sending copies of more than one tax return is where the option is.

For an employed person, the "current income" does NOT come from a tax return.  It comes from a pay stub or employer letter.  One does not qualify now based on 2019 income.  That's the past.  Current income is KING here.

[Angell Beal 4]

13 minutes ago, pushbrk said:

You already have good answers from Luckycat but just to be clear, with respect to entering numbers in the tax return question, there are no "optional years".  You enter the number from the returns, no matter what they are.  Sending copies of more than one tax return is where the option is.

For an employed person, the "current income" does NOT come from a tax return.  It comes from a pay stub or employer letter.  One does not qualify now based on 2019 income.  That's the past.  Current income is KING here.

Thanks a lot. I had interpreted the same way as you with regard to current income being my pay stubs for this year but NVC said I do not meet the income requirements (but I do for this year, it just wasn't hitting the threshold for 2019 and 2018). Anyway, we added a cosponsor now and provided all three years of her taxes. I wonder if during the interview my spouse will need to vouch for me on my current pay stubs?

[pushbrk 12,883]

2 minutes ago, Angell Beal said:

Thanks a lot. I had interpreted the same way as you with regard to current income being my pay stubs for this year but NVC said I do not meet the income requirements (but I do for this year, it just wasn't hitting the threshold for 2019 and 2018). Anyway, we added a cosponsor now and provided all three years of her taxes. I wonder if during the interview my spouse will need to vouch for me on my current pay stubs?

You added a "joint sponsor".  Your spouse should take a copies of your AND the Joint Sponsor's most current pay stubs to the interview as evidence of your THEN current income.