Tax Returns necessary?

[julesv33 0]

Hi everyone,

I have sent in the i-129f form and am awaiting my noa2 (we are filing for K1, my fiance is British). For the next round of paperwork I know I need to send in proof of financial stability. So, I have a job (that I started in September) that is over 2 times the poverty rate and I have some money in savings. So, I can send proof of all of that from my employer and my bank. However, for the last few years (since 2006) I have been mostly out of the country working for a couple of years making a small stipend and then last year was in school in England. So, I haven't filed my taxes since I think 2005. So, my qeustion is, do I HAVE to show tax information for the last 3 years? Or will they be happy with this year and with my job and savings.

Thanks!

[Bobby+Umit 161]

Hi everyone,

I have sent in the i-129f form and am awaiting my noa2 (we are filing for K1, my fiance is British). For the next round of paperwork I know I need to send in proof of financial stability. So, I have a job (that I started in September) that is over 2 times the poverty rate and I have some money in savings. So, I can send proof of all of that from my employer and my bank. However, for the last few years (since 2006) I have been mostly out of the country working for a couple of years making a small stipend and then last year was in school in England. So, I haven't filed my taxes since I think 2005. So, my qeustion is, do I HAVE to show tax information for the last 3 years? Or will they be happy with this year and with my job and savings.

Thanks!

From the links to checklists for that embassy:

IF the sponsor filed taxes, the sponsor MUST submit a copy of the most recent federal income tax return with all supporting schedules and/or W-2s or an Internal Revenue Service (IRS) transcript (even if the sponsor filed electronically). To request IRS-generated transcripts or copies of a tax return, visit the IRS website.

The return must have all pages in the correct order and stapled together

If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file. For general information on income tax obligations, visit the IRS website.

To substantiate the information regarding income and resources the sponsor should attached two or more of the following items to the affidavit.

notarized copies of his or her latest federal income tax return;

a statement from his or her employer showing salary and the length and permanency of employment;

a statement from an officer of a bank regarding his or her account, the date the account was opened and the present balance;

any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.

[TracyTN 237]

I'd get those past taxes filed immediately - or be prepared to show proof why you did not have to file. Because unless you meet one of those 'non filing' requirements, you should have filed for those years you were overseas.

[julesv33 0]

So, it looks to me like I only need to supply the most recent one, which will be fine because I am filing for 2009. Does this seem ok to everyone? I will check on the IRS page, though to make sure I didn't need to file at all those years previous.

[TracyTN 237]

If they ask for 3 years, take 3 years. What if you only sent 2009 and they wanted the others? Your fiance/e would be sent away with no visa and told to return with those documents.

If you did not make enough $ in those previous 2 years, you may want to procure a joint sponsor in the event they are not satisfied with just your current income. Sometimes they like to see a history of earnings above the poverty line in order to make their decision. You may not need the joint sponsor, but again, if you did, your fiance/e would be sent away with no visa and told to return with more proof of support.

And remember, if you send photocopies of the 1040(s) you filed, be sure to send all supporting documents as well (W2s, 1099s, etc). The safest bet is to order tax transcripts for those years from the IRS.

Edited February 5, 2010 by TracyTN

[julesv33 0]

Ok, but I didn't file in 2008 because I was a student making now money. At the beginning of the year I got a small stipend when I was working in Costa Rica. But, my earned money (we're talking only hundreds of dollars here) was below the amount necessary to file. I suppose I should get an accountant to find the line in the IRS tax code that explains this and have it available if necessary? Wow, what a pain.

[TracyTN 237]

Which is why I said it may not be a bad idea to have documentation and an I 134 from a joint sponsor. They ask for 3 years because they may well look at the past 3 years of your earning history. If it is not up to snuff, you'll need help to overcome that - hence a joint sponsor.

I found this just by googling it:

http://www.irs.gov/individuals/article/0,,id=96623,00.html

All this may be a pain but do you want your fiance/e here or not? There are reasons they ask for what they do.

[julesv33 0]

Ok, so getting a co-sponsor may be the best way to go, which shouldn't be a problem. So I will do that. And I will have my 2009 taxes and a letter explaining why I didn't file in 2007 or 2008 (citing the line in the tax code that explains). Then I will also have a letter from my current employer and from my bank where I have some savings.

I could also bring older tax returns that show about 4 years of steady employment and income.

If we have all of this, does it sound like it should be ok?

[Darnell 8,478]

Good Lord.

ok - my 2 jiao .

You need to prep an I-134 document 'set'

1. file your taxes for the years you didn't file. Get the IRS tax transcripts.

2. prepare the I-134.

3. get employment letter from the HR department, stating your annual salary amount, your job title, yer date of hire.

4. prep a letter explaining your calendar for school time and wages, going back 3 years, have it notarized (free at yer bank, btw).

Good Luck !

[julesv33 0]

Ok, but why do I need to file for those years if the IRS code says that I don't need to? Is this just a precaution? I will look into it and see how I can do this. Ay, nothing is ever easy.

[TracyTN 237]

I'm not sure how much clearer to put this.

If the IRS says you did not have to file, you do not have to file. You will just want to bring proof of that fact to the interview so they don't think you didn't file your taxes just because you couldn't be bothered.

[julesv33 0]

Thanks for everyone's advice. I will try to gather proof as to why I didn't file for those 2 years. Hopefully all will go smoothly!

[Nich-Nick 3,354]

I think you write a statement that says. " I did not file income tax in 2007 because I was a full time student and my income for the entire year was $347.50"---or whatever your exact circumstance. Put in dollar figures of you earnings for the entire year. I read this somewhere in detail in a USCIS memo or Q&A. It says you don't have to quote the IRS minimum earning threshhold for the particular tax year, because the adjudicators have that information at hand.

I seriously think you will be fine with what you stated in your original post. If you show them pay stubs and employer letter showing twice the required level, they aren't going to quibble over 2007 and 2008 tax returns in London. They are going to pass you through without a question concering the whole thing. Your 2009 return will be enough without doing the other years is my opinion.

And did you know that you passed up $600 from the US government by not filing your 2007 return? It was an economic stimulus check, but you had to file to get it. That's why people that never file, because of low income, did so that year to get their check.

Edited February 5, 2010 by Nich-Nick

[TracyTN 237]

I seriously think you will be fine with what you stated in your original post. If you show them pay stubs and employer letter showing twice the required level, they aren't going to quibble over 2007 and 2008 tax returns. They are going to pass you through without a question concering the whole thing. Your 2009 return will be enough without doing the other years is my opinion.

I think it's risky to assume we know what a particular consular officer will/won't look for on any given day.

Yes, they might be quite comfortable with what was originally proposed. But if they aren't and the OP is not prepared, then no visa that day and they'll have to come back with more information anyway. So isn't it better to have it and not need it (than need it and not have it?).

[Nich-Nick 3,354]

I think it's risky to assume we know what a particular consular officer will/won't look for on any given day.

Yes, they might be quite comfortable with what was originally proposed. But if they aren't and the OP is not prepared, then no visa that day and they'll have to come back with more information anyway. So isn't it better to have it and not need it (than need it and not have it?).

I understand your point, but from reading lots of reviews of London and having been there myself, they don't discuss the I-134 if you're double over the minimum. I provided extra stuff. The lady at window 1 leafed through the financial proofs folder, took one of three tax returns, and one of two letters outlining money I receive (not an employer letter, but same purpose.) She handed everything else back. The interviewing officer never saw the other proofs or even mentioned anything financial.

Is it better to have a bunch of extra? If it's easy to provide, but this chick is going to have a nervous breakdown before she gathers extra for "just in case." She's been told to file back taxes (when she said she didn't earn the income to file), get a co-sponsor, get things notarized and in general is probably stressed out. I was just expressing a different opinion to add to the mix.