I-864 Question #25

[AKteacher 101]

Question 25 on the I-864 reads: "I have filed a Federal tax return for each of the three most recent tax years..."

I didn't file a tax return for one year (2007) because I was a graduate student with no income. My income for 2008 and 2009 is more than adequate (and if averaged over the 3 years, my income would still be more than 125% of the poverty line). But do I HAVE to have actually filed a tax return for ALL 3 years? As things stand now, I can't honestly check the box because I didn't file for all 3 years. I really don't want to go through the hassle of having to get a sponsor. I've still got some time (probably several months) before I have to submit the I-864.

So should I:

1) Leave the box unchecked and attach a letter of explanation for 2007?

2) Go ahead and file a 2007 return with the IRS showing no income?

Option #2 would at least allow me to check the box, but DOES IT EVEN MATTER? Will USCIS even care about this, since my current income is well above the poverty guidelines?

Thanks in advance for any help.

[sachinky 464]

If you had an income and didn't file taxes, now would be the time to do so.

Otherwise, you will need a statement as to why you didn't file with the IRS when you were clearly required to do so.

[AKteacher 101]

I had no income in 2007 so I was not required to file a tax return. But Question 25 has a check box that says "I have filed for the past 3 years." I'm wondering if this is a requirement of the form I-864, even though I was not otherwise required to file taxes that year.

Does anybody out there know? I've searched the forums but have not been able to find an answer.

[sjr09 155]

I had no income in 2007 so I was not required to file a tax return. But Question 25 has a check box that says "I have filed for the past 3 years." I'm wondering if this is a requirement of the form I-864, even though I was not otherwise required to file taxes that year.

Does anybody out there know? I've searched the forums but have not been able to find an answer.

Then that will be your statement, as to why you didn't file.