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MRS.FAITH

Pls help for 1-864 of my husband.Confused!

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We asked few people who are tax experts but all of them have different explanation to tell. Some of them says SSD and third party long term disablity payed by his employer 100% is taxable. Some says not...

But ....

1. Why his third party insurance don't even send a tax form and W2 since 2004?

2. If his SSD become taxable bcoz of that little amount of $129 that he is getting from his third party disablity insurance, how is he going to start to file all these? We need 3 recent years to show them right, so, 2007,2008,2009. On the current income , we can put the amount of his SSD plus fromhis third party and show the SSA-1099 2009 and for next eyar 2010.

3. Will it matter to the USE Manila if he file or not a tax even we have a co sponsor that can meet the poverty guidelines?

If we will write an expalantion letter saying his SSD and third party disablity insurance are non taxable , they might check it and found out we lied . But homestly ,My USC husband knew from the start that it is not taxable thats why he never filed tax for it.But as i read on the internet about this matter to make sure, it is taxable. Others says it is not because third party disablity is very lettel only $129 each month. But will it really matter to them even we have a co sponsor? Pls help. We will appreciate any suggestions and ideas.

04/07/2007 - Met online thru Filipina Heart

04/08/2007 to 05/2007- Getting to know each other

06/2007 onward - long distance relationship went so well

(chat, email and calls,)

01/2008 - My husband proposed to get married and I accepted it and planned/scheduled to meet me in person

09/04/2008 - He left the States for me

09/06/2008 - I picked him up on the terminal 2 airport

10/08/2008 - We got married

01/29/2010 - Filed 1-130

04/12/2010 - 1-130 got approved

06/21-22 - Medical examination at St. Luke PASSED!!!

07/01/2010 - Interview PASSED! Love you Lord!!!!![/color][/size]

07/10/2010 - Arrived at AL USA with my husband

(POE- Dallas Forthworth Texas)

07/27/ and 08/03- Got 2 Welcome Letters

08/13/2010 - Got my GC [/size][/color]

04/26/12 - Submitted ROC documents

05/11/12 - Biometrics

12/26/12 - RFE

12/31/12 - Responded to RFE

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I would suggest to still file the back returns. If there is no tax due, what can it hurt? At least you have the documentation.

Thanks txladykat for ur respond. Ok, my husband said that his third party LTD unum paid him a lumpsum year of 2007 and they sent him a tax form and everything to file it. So i think when we file a DCF this coming December, Im sure that 1-864 thing will come to us by next year. When we file DCF this december and the 1-864 comes, what would be the 3 recent year of individual taxes that they are asking, is it 2006,2007,2008 or 2007,2008,2009 ? So none of this year we will have to show his 2007 ITR and W2 or tax transcript bcoz it says on 1-864 only recent tax return that need to show, am i right? Sorry , we just want to know earlier so we can get ready if we need to request anything from IRS we can do it earleie coz outside USA says takes 1 month but going here in PI im sure its more than when it came here

And about the LTD if deductable or not ,I asked one of the tax expertise when i havent got yet any respond here yet , he said.

Your husband is not required to file a return or pay any taxes, because the income from his LTD plan falls far below the lowest level of taxation ($129 each month). you probably have nothing to woory about if status is married filing separately on return. Assuming LTD and SSDI is your husband's only income, the personal exemption and standard deduction your husband is entitled to take is greater than the LTD, making the LTD tax free. Half of SSDI plus the LTD is less than $25,000, making the SSDI tax free.

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