I-864 taxes not filed mistake

[zaq1 0]

Hi,

I would like to file the I-864 and the rest of the AOS application ASAP.

However, I think that while I was living abroad in 2006 my relative, who had power of attorney, incorrectly decided not to file since I was then earning well below the filing limit. I say incorrectly, because I was self-employed at the time and I read today that all sef-employed individuals have to file taxes no matter what income (as long as it is above $400).

I realize the instructions for the I-864 say that I should file the 2006 taxes, then get the transcript from the IRS, and then I can submit the AOS application.

My fear is that this is going to take a long time...I have no problem with following federal rules and filing taxes that I should file, but perhaps I can do that after this AOS procedure is over?

If I hadn´t checked up on my relative, I would have assumed that the reason I did not file taxes in 2006 was because of low income. Does anyone see a problem with simply writing a letter saying that I did not file because of low income (which is what my relative believed to be the correct thing to do) and let that be that, rather than muddying the waters with too much truth?

Does USCIS dig deeply into this stuff or do you think they will be satisfied with the written explanation that I did not have to file because of low income? I mean, even if I had filed, my income would still have been low for 2006 (too low to have paid any taxes) and would not help me in any way show ability to support the person I am sponsoring.

Thanks

[Nich-Nick 3,355]

The real requirement is your "latest tax return". Right now that's the 2007 return. Do you have that and does it show enough to qualify? In about a month you could have your 2008 return prepared and send a copy of that as well (with all schedules, W2s, 1099s.)

They say you can submit prior years tax returns if it will help your case. I don't think low income in 2006 will help your case, so I would forget 2006. If your 2008 return is going to show good income, then I would work on getting that ready asap because it will help your case.

Just an opinion of what I would do.

[payxibka 10,048]

you can always backfile any missing return..