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cja

I-864 for Adjustment of status?

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Hi, I just recently got married and have filled out all necessary paperwork except for the I-864. When we had it filled out the first time my parents were the ones who filled out the I-864. Now I am wondering if both my parents and I need to fill out separate I-864 forms or if we fill out the same I-864 form? Thank you!

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This really depends on if you need a joint sponsor to meet the income requirements. If you do, then you and each or your joint sponsors need to complete separate forms. If not, just you need to fill out the form. I would review the instructions for forms I864 and I864a on the USCIS website.

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

http://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf

Good Luck

Edited by Bill & Katya

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

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N400 Interview:  2018-04-10

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Thank you! This helped me figure out where to go from where I was.

I have another slightly related questions because it has to do with the I-864. I was previously living abroad and thought that I had my taxes filed for the previous year. However, they were not. On the I-864 it says I am supposed to have the three most recent years tax returns. What is the best course of action in this case?

Edited by cja

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Thank you! This helped me figure out where to go from where I was.

I have another slightly related questions because it has to do with the I-864. I was previously living abroad and thought that I had my taxes filed for the previous year. However, they were not. On the I-864 it says I am supposed to have the three most recent years tax returns. What is the best course of action in this case?

You didn't file because you were legally not required to file? Or you were required to file but didn't? If the latter, then you should file it ASAP.

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Thank you! This helped me figure out where to go from where I was.

I have another slightly related questions because it has to do with the I-864. I was previously living abroad and thought that I had my taxes filed for the previous year. However, they were not. On the I-864 it says I am supposed to have the three most recent years tax returns. What is the best course of action in this case?

1. File your return for the year abroad. Assuming you made under $97K, you need to submit a 2555-EZ. No 1040 is needed I believe. Edited to add: or if it is needed, it should be pretty easy to fill out since you didn't earn any $ in the USA that year.

2. Because you do not owe any taxes for that year (assuming you made under $97K), I don't think you have any penalty.

3. On the I-864, write that you worked abroad that year.

If you are the impatient type like me, I'd send in the I-864 like that and hope I wouldn't get a RFE. If you're the patient type, wait a little for the IRS to process that tax return so you can have documentation for that year that you can provide with the I-864.

Now if your income was OVER $97K that year, then the advice above won't be helpful at all.

Edited by usmsbow

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

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You didn't file because you were legally not required to file? Or you were required to file but didn't? If the latter, then you should file it ASAP.

I made over the maximum not to file so I was required to but didn't. Thanks!

1. File your return for the year abroad. Assuming you made under $97K, you need to submit a 2555-EZ. No 1040 is needed I believe. Edited to add: or if it is needed, it should be pretty easy to fill out since you didn't earn any $ in the USA that year.

2. Because you do not owe any taxes for that year (assuming you made under $97K), I don't think you have any penalty.

3. On the I-864, write that you worked abroad that year.

If you are the impatient type like me, I'd send in the I-864 like that and hope I wouldn't get a RFE. If you're the patient type, wait a little for the IRS to process that tax return so you can have documentation for that year that you can provide with the I-864.

Now if your income was OVER $97K that year, then the advice above won't be helpful at all.

I certainly did not make over $97,000 this past year so thankfully this does apply to me. This all helps, thank you!

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I made over the maximum not to file so I was required to but didn't. Thanks!

I certainly did not make over $97,000 this past year so thankfully this does apply to me. This all helps, thank you!

I think you need to re-read this advice. Even if you made under 97k you still need to file an amended tax return. Although, I may have mis-interpreted your comment.

Good Luck!

Edited by Bill & Katya

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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I think you need to re-read this advice. Even if you made under 97k you still need to file an amended tax return. Although, I may have mis-interpreted your comment.

Good Luck!

Thank you, I did not forget to take care of all the proper forms! It looks like everything is ready to be sent it.

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