AOS, Joint Sponsor and Taxes!

[Ashes 0]

Hi All,

 

I'm hoping someone can help clarify my queries. This forum has always been so helpful/informative.  My case is a bit unique. I'm the US citizen/petitioner and have filed for my husband and two minor children. I lived out of the US for 25+ years (moved away when I was young) and have recently returned to the US as of Feb 2022 to reside here and pursue my employment. My husband and two children are still abroad and will join me once their immigration process is complete. All of my 3 petitions have been approved (wef Feb 24, 2022) and I'm now at the NVC stage. My questions are around income/joint sponsorship as well as tax returns

 

1. I just started employment in the United States in Feb 2022 - this is my first job in the US. I earn enough to meet the sponsorship criteria for my family, however, I don't have any previous W2s or tax returns since I didn't work/live in the US for the last 25+ years. Can I still use my income to sponsor my family or due to my lack of lack of W2s, tax returns etc. I'll need a joint sponsor? 

2. I understand I need to file taxes as a US citizen abroad even if I don't earn enough to owe anything - honestly I didn't do this regularly while living abroad.  My understanding is also that l need to include previous 3 years of tax returns/transcripts in my documentary evidence to the NVC. What is the quickest way I can do this i.e. ow can I backfile for the past 5 years showing $0 owed and get the transcripts? I read somewhere to take the filled tax returns forms physically to the closest IRS office near me and file them this way. Has anyone had any experience backfiling taxes? 

 

I'd appreciate ANY insight anyone has on these queries - thank you!

[powerpuff 6,697]

~ Topic moved from IR1/CR1 Progress Reports to Process & Procedures ~

[Ashes 0]

@HRQX - would you have any insight into the above two queries? You've always been so spot on/helpful in the past!

[pushbrk 12,882]

17 hours ago, Ashes said:

Hi All,

 

I'm hoping someone can help clarify my queries. This forum has always been so helpful/informative.  My case is a bit unique. I'm the US citizen/petitioner and have filed for my husband and two minor children. I lived out of the US for 25+ years (moved away when I was young) and have recently returned to the US as of Feb 2022 to reside here and pursue my employment. My husband and two children are still abroad and will join me once their immigration process is complete. All of my 3 petitions have been approved (wef Feb 24, 2022) and I'm now at the NVC stage. My questions are around income/joint sponsorship as well as tax returns

 

1. I just started employment in the United States in Feb 2022 - this is my first job in the US. I earn enough to meet the sponsorship criteria for my family, however, I don't have any previous W2s or tax returns since I didn't work/live in the US for the last 25+ years. Can I still use my income to sponsor my family or due to my lack of lack of W2s, tax returns etc. I'll need a joint sponsor? 

2. I understand I need to file taxes as a US citizen abroad even if I don't earn enough to owe anything - honestly I didn't do this regularly while living abroad.  My understanding is also that l need to include previous 3 years of tax returns/transcripts in my documentary evidence to the NVC. What is the quickest way I can do this i.e. ow can I backfile for the past 5 years showing $0 owed and get the transcripts? I read somewhere to take the filled tax returns forms physically to the closest IRS office near me and file them this way. Has anyone had any experience backfiling taxes? 

 

I'd appreciate ANY insight anyone has on these queries - thank you!

1.  Maybe.  What country is your spouse coming from?  Current income is how you qualify.  Current income for an employed person does not come from any tax return.

 

2. You need to "file" and provide information from three most previous tax years.  Most likely that information entered will be $0.00 because of the foreign income exclusion.  No worries on that but file the returns.  You only need to provide a copy of the most recent year.  

 

Further, your understanding is quite incomplete because you have not yet studied and become an A-Student of the I-864 instructions and the form itself.  Doing so will be critical to your ultimate success, as you will be filing three separate affidavits of support.  It's the most complicated form in the process.

 

[Ashes 0]

1 hour ago, pushbrk said:

1.  Maybe.  What country is your spouse coming from?  Current income is how you qualify.  Current income for an employed person does not come from any tax return.

 

2. You need to "file" and provide information from three most previous tax years.  Most likely that information entered will be $0.00 because of the foreign income exclusion.  No worries on that but file the returns.  You only need to provide a copy of the most recent year.  

 

Further, your understanding is quite incomplete because you have not yet studied and become an A-Student of the I-864 instructions and the form itself.  Doing so will be critical to your ultimate success, as you will be filing three separate affidavits of support.  It's the most complicated form in the process.

 

1. My spouse and children are in Pakistan. So, if I understand you correctly, if my current income, no matter how 'new' it is or the fact that I didn't have income in the US previously won't matter and I can sponsor my family myself?

2. Yes, understood I have to file $0.00 - was wondering if someone  in the same boat as me had been through the process of backfilling and getting the tax transcripts.

 

Thank you for your feedback on the I-864 - slowly plodding my way through and asking questions as I do so.  

Edited March 25, 2022 by Ashes
correction

[pushbrk 12,882]

22 minutes ago, Ashes said:

1. My spouse and children are in Pakistan. So, if I understand you correctly, if my current income, no matter how 'new' it is or the fact that I didn't have income in the US previously won't matter and I can sponsor my family myself?

2. Yes, understood I have to file $0.00 - was wondering if someone  in the same boat as me had been through the process of backfilling and getting the tax transcripts.

 

Thank you for your feedback on the I-864 - slowly plodding my way through and asking questions as I do so.  

Words mean things.  Your actual income will be entered on your tax return, but the "total income" line on the 1040 will be what's left over after you apply the foreign income exclusion.  Usually, it's zero.  If you really DID have zero income, you are not required to file a tax return, so you leave those spaces blank and check the box that says you were not required to file a tax return.  

 

As you read instructions, AND as you post here, expect LITERAL interpretation for what you read and for what you write.  To "file" zero, means you have zero income.