I-864 Tax Returns
Oct 8th 2005, 9:27 pm
#1
Just Joined
Thread Starter
Joined: May 2005
Posts: 23
I-864 Tax Returns
Hi all,
me-uk, k1 visa
wife-us
married last week in us
We're about to file for my AOS.
For the affidavit of support, I-864, do USCIS require my wifes last 3 years tax returns, before my AOS can be approved?
Just wondering....as she has a full time, well paid, permanent job at present, tax deducted at source. The two years before that, she lived from trust fund money and didn't work.
I heard that the IRS use this method to catch people out who haven't filed tax returns. Do we therefore just put on the form - No tax returns filed, living from fund income?)
Thanks,
Al
me-uk, k1 visa
wife-us
married last week in us
We're about to file for my AOS.
For the affidavit of support, I-864, do USCIS require my wifes last 3 years tax returns, before my AOS can be approved?
Just wondering....as she has a full time, well paid, permanent job at present, tax deducted at source. The two years before that, she lived from trust fund money and didn't work.
I heard that the IRS use this method to catch people out who haven't filed tax returns. Do we therefore just put on the form - No tax returns filed, living from fund income?)
Thanks,
Al
Oct 8th 2005, 9:44 pm
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: I-864 Tax Returns
Originally Posted by alanc
Do we therefore just put on the form - No tax returns filed, living from fund income?)
Thanks,
Al
Thanks,
Al
I have seen cases where USCIS does base eligibility on the big picture, including previous income history, although it's her current income that is most important.
Best Wishes,
Rene
Oct 9th 2005, 1:26 am
#3
THE Member
Joined: May 2005
Location: Indianapolis, IN
Posts: 374
Re: I-864 Tax Returns
Originally Posted by Noorah101
Yes. Indicate her current income by providing letter of employment and pay stubs. Write your note about not having filed taxes, and attach it to the I-864. Include assets if she has any. Be prepared to have a joint sponsor *just in case* USCIS does not accept her I-864 as it stands.
I have seen cases where USCIS does base eligibility on the big picture, including previous income history, although it's her current income that is most important.
Best Wishes,
Rene
I have seen cases where USCIS does base eligibility on the big picture, including previous income history, although it's her current income that is most important.
Best Wishes,
Rene
~S~
Oct 9th 2005, 1:35 am
#4
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: I-864 Tax Returns
Originally Posted by Seanus
Hey Reneeee, I got a question that has just come to mind after reading this post... the USC spouse is obviously the main sponsor, and in some cases people use a co-sponsor in order to meet the requirement. Does USCIS still require tax returns from both the US spouse and the co-sponsor, even if the co-sponsor will be the main/only source of achieving the 125% requirement?
~S~
~S~
Yes, the sponsor (the spouse) should provide as much backup as possible (letter of employment, pay stubs, tax returns) as possible, even if they don't meet the 125%. The joint sponsor will also provide all the same backup.
Best Wishes,
Rene
Oct 9th 2005, 2:07 am
#5
Joined: Apr 2002
Posts: 35,082
Re: I-864 Tax Returns
Originally Posted by Seanus
Hey Reneeee, I got a question that has just come to mind after reading this post... the USC spouse is obviously the main sponsor, and in some cases people use a co-sponsor in order to meet the requirement. Does USCIS still require tax returns from both the US spouse and the co-sponsor, even if the co-sponsor will be the main/only source of achieving the 125% requirement?
~S~
~S~
Joint Sponsor.
There is no "co" sponsor.
Thanks!
The past 3 years' tax returns are one requirement.
Sufficient income is another requirement.
One is not dependant on the other. Since Sponsors complete an I-864, even with insufficient income, they must still provide the other documentation required.
IE: Yes, all Sponsors submit the past 3 years' returns, or a valid explanation of their absence.
xxx
Oct 9th 2005, 2:11 am
#6
Concierge
Joined: Apr 2001
Posts: 46,390
Re: I-864 Tax Returns
Originally Posted by meauxna
Seanus, step over here so I can shmack you, please
Joint Sponsor.
There is no "co" sponsor.
Thanks!
The past 3 years' tax returns are one requirement.
Sufficient income is another requirement.
One is not dependant on the other. Since Sponsors complete an I-864, even with insufficient income, they must still provide the other documentation required.
IE: Yes, all Sponsors submit the past 3 years' returns, or a valid explanation of their absence.
xxx
Joint Sponsor.
There is no "co" sponsor.
Thanks!
The past 3 years' tax returns are one requirement.
Sufficient income is another requirement.
One is not dependant on the other. Since Sponsors complete an I-864, even with insufficient income, they must still provide the other documentation required.
IE: Yes, all Sponsors submit the past 3 years' returns, or a valid explanation of their absence.
xxx
