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I-864 with "3" years tax return?

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I-864 with "3" years tax return?

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Old Jul 1st 2003, 3:08 pm
  #1  
Tt
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Default I-864 with "3" years tax return?

I wonder if my husband (USC) doesn't have 3 years tax return, maybe
just only 2 or 1 lastest year(s), would this be a problem when he
files I-864 for me? By the way, his mother who has 3 years tax return
will be a co-sponsor also.
 
Old Jul 1st 2003, 3:29 pm
  #2  
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Default Re: I-864 with "3" years tax return?

Originally posted by Tt
I wonder if my husband (USC) doesn't have 3 years tax return, maybe
just only 2 or 1 lastest year(s), would this be a problem when he
files I-864 for me? By the way, his mother who has 3 years tax return
will be a co-sponsor also.
Hi... I was just at a consulate where I overheard the officer give the couple a very hard time because the woman (USC) didn't have 3 years tax returns. He said that the problem is that every US citizen and resident regardless of where in the world they live, is required by law to file a tax return, even if they have no income.
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Old Jul 1st 2003, 7:38 pm
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Default Re: I-864 with "3" years tax return?

denno wrote:

    > Hi... I was just at a consulate where I overheard the officer give the
    > couple a very hard time because the woman (USC) didn't have 3 years tax
    > returns. He said that the problem is that every US citizen and resident
    > regardless of where in the world they live, is required by law to file a
    > tax return, even if they have no income.

He is confused.............
You are only required to file a US tax return, if you live in the US or
NOT, if you meet a specific income level or if you want a refund. If you
make the income level, then you are required to file no matter where you
live, although you can exclude a lot of the earned income (up to $80+K)
if you live abroad.
 
Old Jul 1st 2003, 9:12 pm
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Default

I think I fall into that category of being below the income level due to being a student. I should have at least one income tax return filed by the time I need to submit the I-864, so I'm hoping that they'll accept my excuse that I did not make enough money and therefore don't have 3 tax returns to submit. Do you think that's OK? If not, I guess I could file some returns now, but with a low income. Not sure how that would really help to prove my financial independence though...
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Old Jul 2nd 2003, 3:14 am
  #5  
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Default Re: I-864 with "3" years tax return?

well, I'm sorry that I didn't come clear with my question about the
tax return. The thing is, I'm a foreigner and my husband is a USC. I'm
living abord while my husband (living in usa) files I-130 for me.
We're almost at the end of the process, and that my husband has to do
the affidavit of support (I-186). The thing is he was unemployed
during the first two years of required tax returns. would it be
alright, if he just send nvc his one tax returns of the year 2002?
Please note that, his mother will be a co-sponsor and she can provide
3 years tax returns. Would I get the hard time during interview also?
 
Old Jul 2nd 2003, 4:25 am
  #6  
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Default Re: I-864 with "3" years tax return?

While we're on this topic, I have a question and I hope someone would
be able to help me. I am going to file for AOS after marriage to a US
Citizen. My husband has just finished college last year and he did
make 125% of income level last year, but not the previous years since
he was still a student and he only worked part-time. In addition, he
has always filed with his parents as their dependent. Am I correct to
assume that we would only need to send his W-2s (just last year, or
all 3 years?)? And would the BCIS give us trouble if he didn't make
enough money 3 years ago, when he was still a full-time student? His
father meets the income requirement, but we really don't want to
trouble him with all the paperwork and responsibility.
 
Old Jul 2nd 2003, 5:26 am
  #7  
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Default Re: I-864 with "3" years tax return?

Originally posted by Tt
well, I'm sorry that I didn't come clear with my question about the
tax return. The thing is, I'm a foreigner and my husband is a USC. I'm living abord while my husband (living in usa) files I-130 for me.
We're almost at the end of the process, and that my husband has to do the affidavit of support (I-186). The thing is he was unemployed during the first two years of required tax returns. would it be alright, if he just send nvc his one tax returns of the year 2002? Please note that, his mother will be a co-sponsor and she can provide 3 years tax returns. Would I get the hard time during interview also?
Your husband will need to provide evidence that he was unemployed and not required to file a tax return for 2001 and 2000. He can try writing his own letter to that effect, explaining that he was a full-time student with insufficient income during those two years and attach his transcript or something confirming his full-time student status. Or he could obtain a "no requirement to file" from the IRS. IRS will confirm that no return was required in any particular tax year you need. It's website is www.irs.gov That might be the better way, since often even full-time students earn enough through summer work and part-time work to mandate a tax return (even though I bet 90% don't realize this).

Last edited by Dekka's Angel; Jul 2nd 2003 at 5:29 am.
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Old Jul 2nd 2003, 5:59 am
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Default Re: I-864 with "3" years tax return?

Angel,

I spent only a few minutes on the IRS web site trying to find this "no requirement to file" document, unsuccessfully.

If someone had any income even if below the filing requirement, or even no income at all, wouldn't the simplest thing of all be to fill out a 1099EZ [correction - 1040EZ], loaded with 0s, and file the darn thing?

Regards, JEff

Originally posted by Dekka's Angel
Your husband will need to provide evidence that he was unemployed and not required to file a tax return for 2001 and 2000. He can try writing his own letter to that effect, explaining that he was a full-time student with insufficient income during those two years and attach his transcript or something confirming his full-time student status. Or he could obtain a "no requirement to file" from the IRS. IRS will confirm that no return was required in any particular tax year you need. It's website is www.irs.gov That might be the better way, since often even full-time students earn enough through summer work and part-time work to mandate a tax return (even though I bet 90% don't realize this).

Last edited by jeffreyhy; Jul 2nd 2003 at 6:13 am.
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Old Jul 2nd 2003, 6:08 am
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Default Re: I-864 with "3" years tax return?

Originally posted by jeffreyhy
Angel,

I spent only a few minutes on the IRS web site trying to find this "no requirement to file" document, unsuccessfully.

If someone had any income even if below the filing requirement, or even no income at all, wouldn't the simplest thing of all be to fill out a 1099EZ, loaded with 0s, and file the darn thing?

Regards, JEff
A 1099 is a document prepared by someone who pays money to the taxpayer, not a tax return.

What you're looking for is called a "verification of non-filing". You can get it using Form 4506 (and thus, I suspect, with a phone call as well) -- the same form used to order tax returns and tax transcripts. My undrstanding is that before they confirm that you did not actually file a return for that year, IRS will check the income they have you on record for to make sure you really were not required to file.
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Old Jul 2nd 2003, 6:09 am
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Default Re: I-864 with "3" years tax return?

Angel,

Yeah, I meant 1040EZ (How does one make a sheepish smiley?)

The question remains - wouldn't it be just as simple to file a return that shows no tax is due than to get an IRS statement saying that no tax is due? So if the BCIS or DOS wants to see a tax return, give 'em a tax return!

Regards, JEff

Originally posted by Dekka's Angel
A 1099 is a document prepared by someone who pays money to the taxpayer, not a tax return.

...

Last edited by jeffreyhy; Jul 2nd 2003 at 6:16 am.
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Old Jul 2nd 2003, 10:07 am
  #11  
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Default Re: I-864 with "3" years tax return?

In article ,
[email protected] (tt) wrote:

    > I wonder if my husband (USC) doesn't have 3 years tax return

Hey, can't he just file returns for old years now? If he doesn't owe any
money, there's no penalty.
 
Old Jul 2nd 2003, 10:42 am
  #12  
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Default Re: I-864 with "3" years tax return?

Originally posted by Ursula
While we're on this topic, I have a question and I hope someone would
be able to help me. I am going to file for AOS after marriage to a US
Citizen. My husband has just finished college last year and he did
make 125% of income level last year, but not the previous years since
he was still a student and he only worked part-time. In addition, he
has always filed with his parents as their dependent. Am I correct to
assume that we would only need to send his W-2s (just last year, or
all 3 years?)? And would the BCIS give us trouble if he didn't make
enough money 3 years ago, when he was still a full-time student? His
father meets the income requirement, but we really don't want to
trouble him with all the paperwork and responsibility.
Hi:

Don't conflate the income tax return requirement with the minimum income requirement.

He can show he CURRENTLY meets the minimum and also show why he doesn't have three years of returns and the last one doesn't show 125% for the year.

In this situation for clients, beeen there, done that.
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Old Jul 2nd 2003, 11:45 pm
  #13  
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Default Re: I-864 with "3" years tax return?

what if my husband did file the tax returns for those reqired years.
But with some personal issue, he informed the NVC that he was
unemployed during those years, he didn't give them his 2 years tax
returns, but just only one lastest year. So, his mother is going to
cover all the supports for me. I wonder if the nvc would find out that
he did file tax returns in those previous years?
 
Old Jul 3rd 2003, 12:43 am
  #14  
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Default Re: I-864 with "3" years tax return?

Originally posted by Tt
what if my husband did file the tax returns for those reqired years. But with some personal issue, he informed the NVC that he was unemployed during those years, he didn't give them his 2 years tax returns, but just only one lastest year. So, his mother is going to cover all the supports for me. I wonder if the nvc would find out that he did file tax returns in those previous years?
This is a different question than you originally asked. So, going back up to your earlier question in light of the new facts you give:

Would it be alright, if he just send nvc his one tax returns of the year 2002?
Short answer:

No.

Send the returns. Correct what he said earlier about not having them.

Last edited by Dekka's Angel; Jul 3rd 2003 at 12:45 am.
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Old Jul 3rd 2003, 2:49 am
  #15  
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Default Re: I-864 with "3" years tax return?

Originally posted by Tt
what if my husband did file the tax returns for those reqired years.
But with some personal issue, he informed the NVC that he was
unemployed during those years, he didn't give them his 2 years tax
returns, but just only one lastest year. So, his mother is going to
cover all the supports for me. I wonder if the nvc would find out that
he did file tax returns in those previous years?
Hi:

"The answer is easy if you take it logically." Paul Simon.

Do not lie. If he lied before, now is the time to retract. The law says 3 years tax returns. Give them.

Lies have a habit of comeing back to bite on the rear end -- hard.
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