Urgent help plz !!!

[Jason_Do 7]

I heard that you dont have to file income tax if u make less then...etc...amount of money each year. So i did not file income tax for 2009, then later a lawyer told me that i need 3 straight years of tax return to petition my wife. Eventually, when i did not file for 2009, my 3 straight years broken up, because i started to file from 2006-2008 and missed the 2009. My question is,

- By the end 2009, i was married and my wife still oversea which doesnt have SSn, but due to low income, i did not file 2009 tax. Could i file a make up tax with the 2009 and the current 2010 tax at the same time? If so, how should i?

- Am i gonna have problem later on with the taxes even though myself 100% sure that the visa petition for my wife and daughter is 100% legitimate...???

[JoyDee 21]

If you earned beneath the amount of money required to file taxes you probably didn't have sufficient income in that year to sponsor your spouse. Since they want to see the most recent year as proof that you can support your wife today, I'd file the 2009 now, though late and also the 2010. I've filed taxes on years when I made next to nothing.

[Jason_Do 7]

Thank you for your fast reply,

-So thats mean i still can file for 2009 even though it late? (im slow,sorry) I'd like to file as married if thats ok? and of course the last year 2010 too.

-My 2010 is better than 2009 year, are they gonna look at my 2010 to make decision or all 3 recent years?

-If i file my 2009 now, it is gonna be accepted by IRS because it is late? I'm scare that we have to wait another couple years...just because of the taxes....................By the way, my petition is IR-1/CR-1.

Once again, thank you all

[Inky 1,110]

Yes you can file the 2009 late filing. They will look at your 2010 return and w2 or transcript.

Yes the IRS will accept the 2009 tax filing they are called late returns. They may charge a late fee but since you had below the income to file for tax they may not because you may not owe them anything.

If you are filing married jointly - you will need to apply for an ITIN number for your spouse.

If you are filing married separately - you need to read the forms carefully there is a box you need to put NR in, stating non resident for the spouse. She does not need a SSN for this.

[Anh map 2,098]

If your income was below the required amount then you would include a letter stating how much you made and that you were not required to file a tax return. If you had any taxes witheld you may want to file a return so that you get that witheld money refunded to you.

You will need to apply for an ITIN for your wife if she does not have a SSN. Individual Taxpayer Identification Number Including her in your return will reduce your tax due. You will also need a SSN for your child to include her in your 2010 return.

The current and ongoing income is what will be most important. For a family of 3 you will need to show an income of at least $23,162 I-864P

See these links for more info: I-864 FAQ , Preparing the I-864 form

[Jason_Do 7]

Thank you JoyDee, Inky and AnhMap for helping me out on this one. I really appreciated.

Both of my petitions are approved and forwarded to NVC, hopefully to get a NVC case# and a smooth ride in the future.

The answers really helped alot. Good luck on the NEW YEAR and a well fortune year...Lunar New Year is coming, wish you all to reach your goals in this year, and a happy life.

[Scott and Mhay 57]

You need to read the instructions to the I-864 again. You only have to give a copy or transcript of your last return (granted at this point it would have been 2009, but you can file 2010 and be good) On the instruction page for the I-864 it states:

A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Also on the actual instructions item 25 on page 8 it states:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

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

Also in the same item 25:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

You say you were not required to file, so include the written explaination.

So unless there are specific instruction from your embassy requiring you do your last 3 years for returns, you should be good provided that you made enough in 2010 and you will have your return done before the interview. If you send a copy of your return, make sure to send copies of your w-2 and 1099s with. The w-2 and 1099s are not needed with transcripts though.

[Jason_Do 7]

You need to read the instructions to the I-864 again. You only have to give a copy or transcript of your last return (granted at this point it would have been 2009, but you can file 2010 and be good)

[.....................shorten quoted.....................]

So unless there are specific instruction from your embassy requiring you do your last 3 years for returns, you should be good provided that you made enough in 2010 and you will have your return done before the interview. If you send a copy of your return, make sure to send copies of your w-2 and 1099s with. The w-2 and 1099s are not needed with transcripts though.

I understand that 2010 tax return do the important role in the interview's decision. But it would be " the extra the better" rather than missing something on the day, dont you think? Im cleared up now, thank you for reconfirmation that you gave,i'm a careful person, there are 2 options available to me. One is hand written a letter explain why, TWO is i could still file 2009 tax and the new 2010, right?

[Scott and Mhay 57]

Yes that is correct. Personally, I like to give the bare minimum for them to look at, but really I think the best bet would be to file both 2009 and 2010. I dont know if your consulate will go overboard and want the past 3 years of tax returns. I would still give a letter explaining why your income was low enough in 2009 to not file taxes. Make sure you send your wife a copy of everything to include the affidavit of support before the interview. that way she has everything. Good luck!