Are we missing document for AOS?

[RedAndChile 7]

Hello mr. @pushbrk , we come in search of wisdom about the same stage, Affidavit of Support. We're applying for spousal CR-1 visa, the sponsor lives in Chile since 2019 with the beneficiary.

 

So, basically our question is, in I-864 form, Page 5, Part 6, item 23b. The sponsor (she) is living with the beneficiary and working in Chile, thus making no income in the USA. She had 2019 tax return filed (with around 1000 USD annual income) and 2020 tax return filed with 0 USD income. 2021 was not filed (again, 0 income).

 

So, if she's missing only 2021 tax return:

- Should we just not check item 23b., check "No" on 23a, and check item box 25?

- Should we still attach these tax returns?

- If we check Item box 25, would her Chilean income and Chilean temporary visa be proof of not needing to file the last three years taxes? (that's exactly the time she has been living in Chile).

 

We already have household members that whose income will be used to meet the poverty guideline criteria. We're just not sure about the mentioned section of the I-864.

 

Thank you so much for your time!!  

[Ontarkie 14,218]

~~Hijack post split to its own thread.~~

[SteveInBostonI130 3,434]

US Citizens filing as MFS need to file a tax return if their worldwide income is over $5.  You don't necessarily need to pay US taxes, depending on the outcome of the various worksheets and calculations, but a 1040 needs to be filed.

[RedAndChile 7]

 Hello community! Hope you're all doing great !!

 

So, my wife (petitioner/sponsor) lives with me in Chile since 2019. We're already on the NVC stage, we're being very careful and meticulous with the needed documentation, just like in USCIS stage.

 

We have this checklist that I got from VJ NVC stage help:

 

- Bar coded cover sheet from payment portal (we got only 1 document with 2 bar codes, I hope that's the one)

- Cover Letter.

-  I-864 form, filled by sponsor.

- Sponsor's passport ID page.

- I-864A from both household members (in this case, her parents will help us. They meet the poverty guideline criteria)

- The last three W2s of the household members, along with their 1040s.

- Proof of US Citizenship of the household members and proof of relationship (We have the sponsor's birth certificate, household members birth certificates and the household members tax returns filed jointly as a marriage, where the domicile address is shown).

- Proof of each household member residency in the same domicile (their joint tax returns and W2s show the same address, so we hope this is enough proof).

- Proof that the sponsor is re-establishing in the US (she can get bank statements, show Chilean temporary visa, flights tickets to the US as proof of visiting family and keeping the same domicile, )

- Proof that the sponsor didn't need to file tax returns, since she didn't have any income in the US (she has the Chilean Income register (pension management certificates of income) and the Temporary visa showing she has been here).

 

*is there any extra document she needs to upload?

 

*She still filed 2019 tax return (with around 1000 USD income) and 2020 tax return with 0 income. Should we still attach these documents?

 

*Also, I read in another thread that every document has to be in color, but the same travel.state.gov website shows documents in black and white. I only see pictures and IDs in color in their guideline. Is it ok if we have tax returns, birth certificates, even the I-864 forms or any document that is only text in black and white?.

 

We're really sorry for this big wall of text but it's hard to get all the answers from the website and instructions.

We appreciate your time.

 

Best wishes for everybody 😄

 

 

[pushbrk 12,876]

5 hours ago, RedAndChile said:

Hello mr. @pushbrk , we come in search of wisdom about the same stage, Affidavit of Support. We're applying for spousal CR-1 visa, the sponsor lives in Chile since 2019 with the beneficiary.

 

So, basically our question is, in I-864 form, Page 5, Part 6, item 23b. The sponsor (she) is living with the beneficiary and working in Chile, thus making no income in the USA. She had 2019 tax return filed (with around 1000 USD annual income) and 2020 tax return filed with 0 USD income. 2021 was not filed (again, 0 income).

 

So, if she's missing only 2021 tax return:

- Should we just not check item 23b., check "No" on 23a, and check item box 25?

- Should we still attach these tax returns?

- If we check Item box 25, would her Chilean income and Chilean temporary visa be proof of not needing to file the last three years taxes? (that's exactly the time she has been living in Chile).

 

We already have household members that whose income will be used to meet the poverty guideline criteria. We're just not sure about the mentioned section of the I-864.

 

Thank you so much for your time!!  

First, file the 2021 tax return.  A year one is sponsoring an immigrant is not a year to delay filing a tax return.  She DOES need to file, so you can't explain it away.

 

Since the petitioner has no income to combine with anybody, you'll use those folks you're calling "household members" as Joint Sponsors instead.  Preferably, just use the one with the most income as the joint sponsor and, if they are married, their spouse provides an I-864a to go with their I-864.  Petitioner provides affidavit of support too, regardless of their income.

[pushbrk 12,876]

You need to start over.  Petitioner/sponsor provides I-864.  No I-864a forms are associated with that I-864 unless the parents together don't qualify on their own,

 

Then, parent with most income provides an I-864 as joint sponsor, and the spouse provides an I-864a whether they have income or not, and whether their income is needed to qualify or not.

 

Then produce a new list for comment.

[Penguin_ie 5,993]

**** two threads on the same issue merged. Please do not ask the same question more than once, and do not ask questions about your case in another members thread *****

[RedAndChile 7]

14 hours ago, Penguin_ie said:

**** two threads on the same issue merged. Please do not ask the same question more than once, and do not ask questions about your case in another members thread *****

I got it, I'm sorry.

 

17 hours ago, pushbrk said:

You need to start over.  Petitioner/sponsor provides I-864.  No I-864a forms are associated with that I-864 unless the parents together don't qualify on their own,

 

Then, parent with most income provides an I-864 as joint sponsor, and the spouse provides an I-864a whether they have income or not, and whether their income is needed to qualify or not.

 

Then produce a new list for comment.

Alright, I think I got the idea. So, here's how we pretend to organize the financial documentation:

 

- Bar coded cover sheet from payment portal (we got only 1 document with 2 bar codes, I hope that's the one)

- Cover Letter.

-  I-864 form by the Petitioner.

- Petitioner's passport ID page.

- 2019, 2020 and 2021 W2s and 1040s from the petitioner, will also include her Birth certificate to prove relationship.

- I-864 from the petitioner's father. He has the highest income (Still meets the criteria by himself) he will be the joint sponsor.

- 2019, 2020 and 2021 W2s and 1040s from the father, will also include his Birth certificate.

- I-864A from the petitioner's mother, since she is a household member. This form will be related to the father's I-864.

- 2019, 2020 and 2021 W2s and 1040s from the mother, will also include her Birth certificate.

- The parents tax return are filed jointly, hope this proves that they share the same domicile.

- Proof that the sponsor is re-establishing in the US (bank statements, Chilean temporary visa, flight tickets to the US as proof of visiting family and keeping the same domicile).

 

*The petitioner will file the 2021 tax return ASAP so we can include it. We know she'll get the late filing penalty but it's needed.

 

*I got a message today from the petitioner's family saying that they couldn't find the father's 2019 W2, but instead they could get the 2019 IT-2 summary of W2 statements and his social security income register. They still could get the 1040 for 2019. I dont know if this is accepted instead of the W-2.

 

*Also, my question about the black and white documents, is that true?.

 

Thanks a lot for your time @pushbrk , we really appreciate your help!!

Best wishes for you from Chile.

 

 

 

 

 

Edited May 13, 2022 by RedAndChile

[Redro 4,611]

10 minutes ago, RedAndChile said:

I

 

*The petitioner will file the 2021 tax return ASAP so we can include it. We know she'll get the late filing penalty but it's needed.

 

 

 

 

 

 

There is no late filing penalty for the USC if she is still residing in Chile. 

Overseas filers receive an automatic 2 month extension.

 

When to File

If you are a U.S. citizen or resident alien residing overseas, or are in the military on duty outside the U.S., on the regular due date of your return, you are allowed an automatic 2-month extension to file your return without requesting an extension. For a calendar year return, the automatic 2-month extension is to June 15. For calendar year 2021 you must pay any tax due by April 18, 2022, or interest will be charged.

[RedAndChile 7]

3 minutes ago, ROK2USA said:

There is no late filing penalty for the USC if she is still residing in Chile. 

Overseas filers receive an automatic 2 month extension.

 

When to File

If you are a U.S. citizen or resident alien residing overseas, or are in the military on duty outside the U.S., on the regular due date of your return, you are allowed an automatic 2-month extension to file your return without requesting an extension. For a calendar year return, the automatic 2-month extension is to June 15. For calendar year 2021 you must pay any tax due by April 18, 2022, or interest will be charged.

WOW that's amazing!! she'll do it ASAP. Thanks so much for that!

[RedAndChile 7]

18 minutes ago, RedAndChile said:

I got it, I'm sorry.

 

Alright, I think I got the idea. So, here's how we pretend to organize the financial documentation:

 

- Bar coded cover sheet from payment portal (we got only 1 document with 2 bar codes, I hope that's the one)

- Cover Letter.

-  I-864 form by the Petitioner.

- Petitioner's passport ID page.

- 2019, 2020 and 2021 W2s and 1040s from the petitioner, will also include her Birth certificate to prove relationship.

- I-864 from the petitioner's father. He has the highest income (Still meets the criteria by himself) he will be the joint sponsor.

- 2019, 2020 and 2021 W2s and 1040s from the father, will also include his Birth certificate.

- I-864A from the petitioner's mother, since she is a household member. This form will be related to the father's I-864.

- 2019, 2020 and 2021 W2s and 1040s from the mother, will also include her Birth certificate.

- The parents tax return are filed jointly, hope this proves that they share the same domicile.

- Proof that the sponsor is re-establishing in the US (bank statements, Chilean temporary visa, flight tickets to the US as proof of visiting family and keeping the same domicile).

 

*The petitioner will file the 2021 tax return ASAP so we can include it. We know she'll get the late filing penalty but it's needed.

 

*I got a message today from the petitioner's family saying that they couldn't find the father's 2019 W2, but instead they could get the 2019 IT-2 summary of W2 statements and his social security income register. They still could get the 1040 for 2019. I dont know if this is accepted instead of the W-2.

 

*Also, my question about the black and white documents, is that true?.

 

Thanks a lot for your time @pushbrk , we really appreciate your help!!

Best wishes for you from Chile.

 

 

 

 

 

**I must correct, the mother's I-864A will be related to the petitioner's I-864 form.

[pushbrk 12,876]

1 hour ago, RedAndChile said:

**I must correct, the mother's I-864A will be related to the petitioner's I-864 form.

No, the mother's I-864a is as a household member of her husband.

Petitioner does not need to provide evidence she is related to her parents.  She does not need to be related to her joint sponsor.  That she is, of course, is OK, but no need for evidence of it.

 

You are saying W2 and 1040.  What is needed is a complete copy of the federal tax return(s) including all schedules, W2 forms and 1099s.

 

         OR

 

Tax Return Transcripts that can usually be downloaded from IRS.gov.  No other substitutions will do, but only the latest tax return is required.  Information from the last three is needed but only the last return or transcript copy.

 

The I-864a is used for one of two purposes.  One, to combine income.  Mother and daughter are not combining income.  Father qualifies on his own.  Second reason applies here and that is the Joint sponsor files a joint tax return with a spouse.

 

Only one copy of the 2021 tax return is needed in the joint sponsor's package, as it is a joint tax return.  Again, Mom is Dad's household member, not the Petitioner's in this context.

[blchaddy 15]

On 5/11/2022 at 10:49 PM, RedAndChile said:

Hello mr. @pushbrk , we come in search of wisdom about the same stage, Affidavit of Support. We're applying for spousal CR-1 visa, the sponsor lives in Chile since 2019 with the beneficiary.

 

So, basically our question is, in I-864 form, Page 5, Part 6, item 23b. The sponsor (she) is living with the beneficiary and working in Chile, thus making no income in the USA. She had 2019 tax return filed (with around 1000 USD annual income) and 2020 tax return filed with 0 USD income. 2021 was not filed (again, 0 income).

 

So, if she's missing only 2021 tax return:

- Should we just not check item 23b., check "No" on 23a, and check item box 25?

- Should we still attach these tax returns?

- If we check Item box 25, would her Chilean income and Chilean temporary visa be proof of not needing to file the last three years taxes? (that's exactly the time she has been living in Chile).

 

We already have household members that whose income will be used to meet the poverty guideline criteria. We're just not sure about the mentioned section of the I-864.

 

Thank you so much for your time!!  

Your issue here is she didn’t file a 2021 tax return. Your wife needs to file a tax return and report her worldwide when living abroad and married to a non U.S citizen, even if she only made $10 for the year. I believe she has an automatic 2 month extension built in here since she’s abroad (so deadline would be mid June).  So definitely do that so you don’t run into trouble during the petition and interview processes. 

[RedAndChile 7]

On 5/12/2022 at 11:19 PM, pushbrk said:

No, the mother's I-864a is as a household member of her husband.

Petitioner does not need to provide evidence she is related to her parents.  She does not need to be related to her joint sponsor.  That she is, of course, is OK, but no need for evidence of it.

 

You are saying W2 and 1040.  What is needed is a complete copy of the federal tax return(s) including all schedules, W2 forms and 1099s.

 

         OR

 

Tax Return Transcripts that can usually be downloaded from IRS.gov.  No other substitutions will do, but only the latest tax return is required.  Information from the last three is needed but only the last return or transcript copy.

 

The I-864a is used for one of two purposes.  One, to combine income.  Mother and daughter are not combining income.  Father qualifies on his own.  Second reason applies here and that is the Joint sponsor files a joint tax return with a spouse.

 

Only one copy of the 2021 tax return is needed in the joint sponsor's package, as it is a joint tax return.  Again, Mom is Dad's household member, not the Petitioner's in this context.

 

On 5/13/2022 at 9:33 AM, blchaddy said:

Your issue here is she didn’t file a 2021 tax return. Your wife needs to file a tax return and report her worldwide when living abroad and married to a non U.S citizen, even if she only made $10 for the year. I believe she has an automatic 2 month extension built in here since she’s abroad (so deadline would be mid June).  So definitely do that so you don’t run into trouble during the petition and interview processes. 

I'm sorry for my late response, had to travel for work the  weekend and also got really sick  . . .

 

About her 2021 tax return filing, we hit a big wall. She would have to file "Married" and "Separately". Her mom is an accountant and she tried to file it but had no idea how to place her foreign income in the form. And for my filing (I believe the system asks both documents to proceed), I don't even have a SSN or ITIN. Same story for filing jointly.

 

Today I called the NVC support phone number and the person that answered me suggested me to explain the 2021 tax filing issue and attach the other two (2019 and 2020) with the Chilean tax return attached solely to show she foreing income only. I find this scary and risky, considering your warnings about doing that.

 

What do you do in this case?

 

 

[blchaddy 15]

17 minutes ago, RedAndChile said:

 

I'm sorry for my late response, had to travel for work the  weekend and also got really sick  . . .

 

About her 2021 tax return filing, we hit a big wall. She would have to file "Married" and "Separately". Her mom is an accountant and she tried to file it but had no idea how to place her foreign income in the form. And for my filing (I believe the system asks both documents to proceed), I don't even have a SSN or ITIN. Same story for filing jointly.

 

Today I called the NVC support phone number and the person that answered me suggested me to explain the 2021 tax filing issue and attach the other two (2019 and 2020) with the Chilean tax return attached solely to show she foreing income only. I find this scary and risky, considering your warnings about doing that.

 

What do you do in this case?

 

 

I don’t know if this helps..but, we filed married/separately, that way my husband didn’t have to get an ITIN/SSN. Also, for US taxes, you don’t have to report the foreign spouses income if you’re filing separately. You can also go back and amend your tax returns up to 3 years afterwards I believe, so you should be able to go back and make any corrections. 

 

I have heard stories before of issues when someone applied for spousal visa with missing tax returns —this is just some thing I’ve seen when watching Jim Hacking videos. So I don’t have first hand knowledge if that would actually be an issue, and if so if it’s minor or major.