I-864 and amended taxes

[D&T01 1]

I noticed a mistake on my 2022 taxes and have already submitted an amended tax return.

 

the tax software didn't input my foreign income correctly and I ended up with a negative gross income.

 

Do I need to submit my 2022 tax transcript?

 

I already know I wont meet the income requirements.  I have a co-sponsor that qualifies.

 

What would I put down on my 2022 income on Part 6, line 24a?

my original negative gross income, or the one from my amended taxes?

[Crazy Cat 41,845]

Amended figure. 

[D&T01 1]

7 hours ago, Crazy Cat said:

Amended figure. 

amended gross income is $0.

all of my income is foreign and is less than the foreign earned income exemption.

[Crazy Cat 41,845]

3 minutes ago, D&T01 said:

amended gross income is $0.

all of my income is foreign and is less than the foreign earned income exemption.

It is what it is.  You already have a joint sponsor.

[D&T01 1]

2 minutes ago, Crazy Cat said:

It is what it is.  You already have a joint sponsor.

ok, I just wanted to make sure there wouldn't be a problem with not including my tax transcripts.

my joint sponsor will be including their tax transcripts.

[Crazy Cat 41,845]

13 minutes ago, D&T01 said:

ok, I just wanted to make sure there wouldn't be a problem with not including my tax transcripts.

my joint sponsor will be including their tax transcripts.

You must include either a transcript or a copy of your returns for the most recent tax year.  The 2nd and 3rd most recent years are optional.  You have to include the numbers for all 3 years on the I-864.

[pushbrk 12,882]

Note that the applicable "transcript" is the "Tax Return Transcript".  Several kinds of transcripts are available from IRS.

 

[D&T01 1]

On 6/14/2023 at 8:08 AM, Crazy Cat said:

You must include either a transcript or a copy of your returns for the most recent tax year.  The 2nd and 3rd most recent years are optional.  You have to include the numbers for all 3 years on the I-864.

thank you,  I understand better now.

Can I include my 1040x that i submitted to the IRS instead of the Transcript?  

im not sure when the IRS will process the amended tax return and provide an updated transcript.

 

37 minutes ago, pushbrk said:

Note that the applicable "transcript" is the "Tax Return Transcript".  Several kinds of transcripts are available from IRS.

 

Thank you,

 

my original 2022 tax return had a negative gross income.  Im assuming that would cause an issue, even though I have a joint sponsor.  

 

Im trying to figure out how to avoid any delays.  

 

include the original 2022  negative gross income with original tax transcript or put the amended gross income with amended tax return I submitted to the IRS.

 

I know that the best option is to include the amended Tax Return income with IRS Tax Transcript, but im not sure when it will be ready. 

[pushbrk 12,882]

3 minutes ago, D&T01 said:

thank you,  I understand better now.

Can I include my 1040x that i submitted to the IRS instead of the Transcript?  

im not sure when the IRS will process the amended tax return and provide an updated transcript.

 

Thank you,

 

my original 2022 tax return had a negative gross income.  Im assuming that would cause an issue, even though I have a joint sponsor.  

 

Im trying to figure out how to avoid any delays.  

 

include the original 2022  negative gross income with original tax transcript or put the amended gross income with amended tax return I submitted to the IRS.

 

I know that the best option is to include the amended Tax Return income with IRS Tax Transcript, but im not sure when it will be ready. 

Yes, you can submit a complete copy of the amended return instead.  Consular Officers are smart and trained well enough they can see your income is foreign and consider whether or not you're currently earning well.  That won't qualify you without a joint sponsor, but it's still a plus.

 

You'll also be stating your "current income" as zero.  Note the wording of that question asks for the current income you are using to qualify. It's still zero, but it is not you stating you have no income.  You just have no income you can use to qualify to sponsor your spouse.

Edited June 14, 2023 by pushbrk

[D&T01 1]

51 minutes ago, pushbrk said:

Yes, you can submit a complete copy of the amended return instead.  Consular Officers are smart and trained well enough they can see your income is foreign and consider whether or not you're currently earning well.  That won't qualify you without a joint sponsor, but it's still a plus.

 

You'll also be stating your "current income" as zero.  Note the wording of that question asks for the current income you are using to qualify. It's still zero, but it is not you stating you have no income.  You just have no income you can use to qualify to sponsor your spouse.

thank you.

 

I have a joint sponsor that makes enough to qualify.

[pushbrk 12,882]

10 minutes ago, D&T01 said:

thank you.

 

I have a joint sponsor that makes enough to qualify.

And it sound like you are fine, but this decision is not about meeting a qualifying minimum.  It's a judgment call about how likely (or not) your spouse will become a public charge.  In making that judgment, the Consular Officer is tasked with considering the totality of circumstances.  Nobody really expects the joint sponsor is going to ACTUALLY SUPPORT the immigrant.  You as primary sponsor, and your spouse will be doing that, or not.  That one or both of you have a history of good incomes, is a very real consideration.