I-134 / I-864 - No tax returns problem / using assets

[jingo 38]

Hi

My fiance makes a bit under the required poverty line but has enough savings in his bank to make up the rest of the requirement.

However, he has no income tax returns since he is in his last year of college and is still claimed under his parents tax returns.

Should he write a letter claiming he doesnt have tax returns, or should he show his parents', or does this make him completely ineligible?

While we arent at the interview stage yet, we just want to look ahead so we have no problems when the I-864 time does come.

Can anyone help?? Thanks so much!

[Messybrownhair 251]

Hey!

We went to our k1 interview without any tax returns as well.

He graduated May 2010 and the interview was December 2010 so it would be impossible to provide any tax returns. All we had was an employment letter and pay stubs, and the co-sponsor form.

Does he work at all?

Goodluck!

[jingo 38]

Yep he does work, only part-time since he is studying, but he does have income and can prove it. Do you think that will be enough? Will be going to London embassy by the way.

More importantly, will this fly for the I-864 form too? I know they take this more seriously. I dont want to pass the interview only to be denied at the adjustment stage.

His assets (savings) are a large amount in his bank that he was given as a gift by his grandparents.

Edited January 30, 2011 by jingo

[Nich-Nick 3,353]

The I-864 is clear in their instructions that they want the latest tax return and if you don't have one submit a statement why you were not required to file. It would be attached with the Affidavit of Support, not a general cover letter for the whole AOS packet.

London is not so specific, but are generally used to getting a tax return, even though they don't require it. In your case, submit evidence of your small income with W2s, employment letter or pay stubs. Then provide evidence that will clearly show the savings money with statements from the banks, brokers,etc. Or provide a letter from you bank stating that you have had on deposit an average of $xxx for the last <fill in the blanks> months. London generally asks for two proofs of income. They will even consider the immigrant's own money if it can be transfered to the US (cash assets) or a job that will continue after the move.

Edited January 30, 2011 by Nich-Nick

[jingo 38]

I do have my own savings, which would be easily converted into dollars upon going to the states. So thats a relief. Im sure my fiance can get pay stubs, a bank statement and a letter from his employer. But when the time comes to deal with the I-864 can he submit a letter stating that he cannot provide a tax return, because he was included in his family's one?

[Nich-Nick 3,353]

I do have my own savings, which would be easily converted into dollars upon going to the states. So thats a relief. Im sure my fiance can get pay stubs, a bank statement and a letter from his employer. But when the time comes to deal with the I-864 can he submit a letter stating that he cannot provide a tax return, because he was included in his family's one?

First off, if he has had money withheld from his paychecks, filing a return would be a way to possibly get that back. Also here's the filing requirements from the IRS:

You must file a return if any of the following apply.

• Your unearned income was over $950. (That would be interest paid on that large savings account)
  
• Your earned income was over $5,700. (His wages from the job)
  
• Your gross income was more than the larger of— $950, or Your earned income (up to $5,400) plus $300.
  

That doesn't mean his parents can't claim him if they provided more than half of his support. Because they are probably in a higher tax bracket, the advantage of getting him as a dependent would lower their taxes by more $$ than whatever gain he would get by claiming his own exemption. He may be still required to file and tick off the box that asks "are you claimed as a dependent on another taxpayers return?" I know the year my daughter started a job and earned over the threshhold, we figured taxes both ways. I don't remember the numbers, but for example her exemption on my return would lower my taxes $2000 OR claiming herself would save her $500. I gave her $500 to make it fair to her and still came out ahead by $1500.

So back to the I-864--If he didn't earn the threshhold limits given above. The statement would say something like:

I was a full-time student in 2010 and earned only $4,155 in income and thus was not required to file.

I was a full-time student in 2009 and earned $1267 and thus was not required to file.

The USCIS adjudicators have charts for the IRS earning threshholds for each year so there is no need to include IRS instructions stating those. But they do want you to say the specific dollar amount of gross earnings, rather than a vague "I didn't earn enough." (I read this information on a USCIS website or memorandum on the I-864.)

[Anh map 2,098]

From the London embassy website about meeting the Public Charge requirements --->>> http://london.usembassy.gov/faffidavit.html

[jingo 38]

To Nich-Nick, thanks for giving me so much info. I believe he did make over the threshold and i'm also sure that he did not file a tax return, but was included in his parents family tax return. So should he bring that one?

[Anh map 2,098]

If he's earning close to the poverty limit income amount then he ought to be filing tax returns for any year that earnings were above the threshold regardless of being claimed as a dependent.

IRS Publication 501 is a good source of information regading tax filing requirements. Specifically page 4.

[jingo 38]

Okay, I'll ask him some more about it

[Nich-Nick 3,353]

To Nich-Nick, thanks for giving me so much info. I believe he did make over the threshold and i'm also sure that he did not file a tax return, but was included in his parents family tax return. So should he bring that one?

From my knowledge of taxes, what you're saying just doesn't fit the tax laws. If parents have a 12 year old kid with a giant trust fund that's earning thousands in interest each year, then the parents can elect to show the kid's UNearned income on their return. (That's money you get from interest and dividends and not an employer.) It doesn't even have to be a great deal of money and the "kid" can be up to 24 if full time student. But parents can not report their child's EARNed income (meaning wages from employment.) They're either doing it wrong or you/he don't have a good understanding of what is being filed. If he's got a job, then he should be filing, even if his parent's claim him as a dependent. If they are providing more than half of his support and he's a student they can do that, but he should have a tax return of his own. The good news is, he can file 2010 and you will have something to take to the embassy and for AOS. Showing his money via his parent's return is not an option and way off-base in my opinion.