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liznaj7

I-864 Part 6 Q13 - Only filed for most recent year

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Hi everyone, currently preparing to file I-485 (AOS from K1) and I'm stumped by the I-864 Affidavit of Support.

Under part 6, question 13 has a checkbox next to "I have filed a Federal tax return for each of the three most recent tax years." My husband's salary is well above the poverty line, but he only has tax returns for the most recent 1 year as he was still in college for the two years before that.

Do we leave the box unchecked and include his most recent tax returns + a letter of explanation? Or do we check the box anyway and explain in the letter.

For the first option, I'm afraid of giving them the (false) impression that my husband has not filed taxes at all. For the latter, not sure if this is considered fraud or misrepresentation since he filed for one, and not three, years.

Thanks!


K1

 

21 June 2014 - I-129F package sent
25 June 2014 - NOA1 e receipt email
29 Dec 2014 - NOA2!!!
26 Jan 2015 - Packet 3 Received
13 Feb 2015 - Packet 4 Received
4 Mar 2015 - Visa Interview
9 Mar 2015 - APPROVED!!!!
11 Mar 2015 - Passport in hand
23 Apr 2015 - POE



AOS

 

13 May 2015 - AOS, EAD and AP package sent
14 May 2015 - Package delivered and signed for
20 May 2015 - NOA1 email and text

10 June 2015 - Biometrics appointment

11 June 2015 - RFE (AOS Affidavit of Support, carelessly left one question blank)
17 June 2015 - RFE response mailed out

22 June 2015 - RFE response received

28 July 2015 - EAD and AP approved

10 Aug 2015 - EAD/AP combo card in hand

6 Jan 2016 - Service request filed

19 Jan 2016 - Service request closed (USCIS just told me to wait another 60 days)

2 Mar 2016 - APPROVED!
9 Mar 2016 - GC in hand

 


ROC

25 Nov 2017 - ROC package sent

27 Nov 2017 - NOA

30 Nov 2017 - check cashed

19 Dec 2017 - biometrics

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You can leave it unchecked, or even check it and put a line through the first part about filing all three years and just leave the sentence about including the most recent. Either way you have to include the required statement as to why you were not legally required to file for any of the last 3 years you did not.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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You can leave it unchecked, or even check it and put a line through the first part about filing all three years and just leave the sentence about including the most recent. Either way you have to include the required statement as to why you were not legally required to file for any of the last 3 years you did not.

Thank you!! Very helpful


K1

 

21 June 2014 - I-129F package sent
25 June 2014 - NOA1 e receipt email
29 Dec 2014 - NOA2!!!
26 Jan 2015 - Packet 3 Received
13 Feb 2015 - Packet 4 Received
4 Mar 2015 - Visa Interview
9 Mar 2015 - APPROVED!!!!
11 Mar 2015 - Passport in hand
23 Apr 2015 - POE



AOS

 

13 May 2015 - AOS, EAD and AP package sent
14 May 2015 - Package delivered and signed for
20 May 2015 - NOA1 email and text

10 June 2015 - Biometrics appointment

11 June 2015 - RFE (AOS Affidavit of Support, carelessly left one question blank)
17 June 2015 - RFE response mailed out

22 June 2015 - RFE response received

28 July 2015 - EAD and AP approved

10 Aug 2015 - EAD/AP combo card in hand

6 Jan 2016 - Service request filed

19 Jan 2016 - Service request closed (USCIS just told me to wait another 60 days)

2 Mar 2016 - APPROVED!
9 Mar 2016 - GC in hand

 


ROC

25 Nov 2017 - ROC package sent

27 Nov 2017 - NOA

30 Nov 2017 - check cashed

19 Dec 2017 - biometrics

Share this post


Link to post
Share on other sites
 
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