I-864 - didn't file most recent taxes

[katieflossom 54]

Hi all - so preparing all the NVC docs ahead of time (doesn't hurt to be prepared right) and we already know that we'll need a joint sponsor as my husband (the USC) didn't file enough taxes last year as he was in the UK with me so much!

In fact, he didn't file at all as he had no earnings. The 2 years before that he has tax transcripts for, and he is now back in the same job earning enough (and has pay stubs to show this.) Obviously the joint sponsor earns above the poverty threshold.

My question is: as my hubby didn't file at all last year, he has no W2 or tax transcripts, but on the I-864 form (part 6, q13) there's a box you are required to check to say you've included your most recent tax return. We cannot check this box for my hubby as we aren't including it... just wanted to check this was correct and not an immediate refusal?!

Thanks in advance

[Nich-Nick 3,354]

Katie, I answered that same question last week . Here were my thoughts, modified for you.

You are required to attach a statement to the I-864 explaining why he was not required to file for 2012. See page 6 of the instructions. As far a checking the box, it's a scenario that doesn't quite fit his situation. That's always a problem with forms that are written for the masses.

My thoughts--

1) Check it because you will include a statement in the place of a tax return. A "substitute" of sorts.

Or

2) Check it but cross out "3" and write in "2". Hand write in that space below "Not required to file in 2012. Statement attached."

Or

3) Take it literally and don't check it. I think that runs the risk that they will see that and send an RFE before they flip the pages to find out why he didn't file and he indeed submitted a statement.

Pick one or come up with another idea. I don't have a documented answer to quote from the Dept of State. I would personally go with 1 or 2.

[katieflossom 54]

Thanks so much Nich-Nick, this makes great sense.

I'd probably rather go with option 1 - but (sorry to be a dummy) when you say "statement", we would just be including a cover letter explaining why he didn't file in 2012 - is that what you mean by statement? Thanks again

[Nich-Nick 3,354]

Thanks so much Nich-Nick, this makes great sense.

I'd probably rather go with option 1 - but (sorry to be a dummy) when you say "statement", we would just be including a cover letter explaining why he didn't file in 2012 - is that what you mean by statement? Thanks again

No, I am not convinced cover letters don't get discarded in the mailroom. I would write a formal statement and place it behind the I-864 where a 2012 tax return would be placed. I have read what the statement should contain in official USCIS memos but don't have a bookmark. So off my memory and totally made up by me....

STATEMENT CONCERNING 2012 U.S TAX RETURN

In tax year 2012, I spent x months abroad in the United Kingdom and was unemployed while there. My total earnings for 2012 were $5432.10. That falls below the threshold of $9750 for an unmarried person to file a tax return. I was not married until xx-xx-2013 so was single for tax year 2012.

I can not submit a 2012 tax return because I did not file one, nor was I required to file by the Internal Revenue Service.

I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.

[signature]

John R. Smith

The threshold figure is correct for 2012. I just looked it up. You might also want to add info after his name like Petitioner/Sponsor for [name]

Case number xxxxxxxxx

[katieflossom 54]

Thank you SO much Nick, this is brilliant advice!

[Cecileem12 3]

Call the IRS department at the London US Embassy. They will tell you what you need to do.

[Nich-Nick 3,354]

Call the IRS department at the London US Embassy. They will tell you what you need to do.

If he earned less than $9750, he does not have to file. If he earned any money and had taxes held out, he may want to file to get that withholding back.