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864: Family Petitioner’s tax returns if using a joint sponsor …

864: Family Petitioner’s tax returns if using a joint sponsor …

Old Jul 18th 2005, 2:52 am
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Cool 864: Family Petitioner’s tax returns if using a joint sponsor …

Hi,

I have posted this to several other immigration forums and several replies have recommend that i also post to this forum because there are some very smart people who hang out here.

I'm a us citizen and my wife is from europe. She came in the usa with inspection in April 2004 on a tourist visa, we got married feb 2005, and we both live in the usa now. We know she's out of status but that's not my main concern and we have evidence to show that she wasn't an intending immigrant.

I’ve gotten conflicting information if I am required to include my tax returns with the I-864 that we will be sending in along with my wife’s family based adjustment to status application. My father is going to be the joint sponsor and use his last 3 years of tax returns.

I have not filed tax returns for the last 3 years because I borrowed money to attempt to start a new technology company. I lost money and never paid myself an income. At some point, when I start making an income, I will pay an accountant and CPA to file the years of losses to offset future income, but I don’t want to do it now or before getting my wife’s immigration papers filed.

If I am required to do so, do I need to type them an explanation and then just bring in the tax returns to our interview next year. If you recommend that i must do this, do you mind including the statute number that mandates this.

Thanking you in advance for any help,
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Old Jul 18th 2005, 3:49 am
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Default Re: 864: Family Petitioner’s tax returns if using a joint sponsor …

Well, I'm no expert, but my take on it is this:

1. You are the petitioner. That automatically makes you a sponsor whether or not you have any money to contribute.
2. Your joint sponsor must show ability to support your household as well as his. A complete analysis would involve knowledge of your financial situation.
3. Your liabilities will offset the joint sponsor's assets. I don't recall how closely immigration looks at liabilities, but this would be another reason for requiring your records.

So, I think that as a sponsor you have an obligation to provide either a) your tax records, or b) a written explanation of why you cannot do so. But again, I am not qualified to provide a professional opinion in these matters.
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Old Jul 18th 2005, 6:02 am
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Default Re: 864: Family Petitioner’s tax returns if using a joint sponsor …

Originally Posted by AdobePinon
Well, I'm no expert, but my take on it is this:

1. You are the petitioner. That automatically makes you a sponsor whether or not you have any money to contribute.
2. Your joint sponsor must show ability to support your household as well as his. A complete analysis would involve knowledge of your financial situation.
3. Your liabilities will offset the joint sponsor's assets. I don't recall how closely immigration looks at liabilities, but this would be another reason for requiring your records.

So, I think that as a sponsor you have an obligation to provide either a) your tax records, or b) a written explanation of why you cannot do so. But again, I am not qualified to provide a professional opinion in these matters.
They do not take into account liabilities, well apart from Family size.

Not wanting to file is not a good enough reason, not being required to do so by the IRS would be.
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Old Jul 18th 2005, 1:05 pm
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Default Re: 864: Family Petitioner’s tax returns if using a joint sponsor …

I have not filed tax returns for the last 3 years because I borrowed money to attempt to start a new technology company. I lost money and never paid myself an income. At some point, when I start making an income, I will pay an accountant and CPA to file the years of losses to offset future income, but I don’t want to do it now or before getting my wife’s immigration papers filed.

If I am required to do so, do I need to type them an explanation and then just bring in the tax returns to our interview next year. If you recommend that i must do this, do you mind including the statute number that mandates this.


This is a repeat of a post I made on the other board.
I can't speak to the legally bound issue either, but the requirement of the I-864 for the primary sponsor is to provide tax returns "if" returns were required by IRS code. If you did not generate income sufficient to warrant a tax return per the IRS, you cannot nor should not be required to provide "that which does not exist". A citation from the apporpriate tax code publication stating that an income below a certain level does not require a return should be sufficient.
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