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What do you do when you file the i-864 and the petitioner hasn't filed taxes for 10 years

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Hey guys,

My wife hasn't filed her taxes in ten years, her father used to do it for her and now I cant give copies of her taxes with the

I-864.

What do i need to submit, i was told i need to quote IRS Law, but i dont know IRS law.

She never filed when she was with me over the last two years because we were traveling to Europe and Africa.

Please Help

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Hey guys,

My wife hasn't filed her taxes in ten years, her father used to do it for her and now I cant give copies of her taxes with the

I-864.

What do i need to submit, i was told i need to quote IRS Law, but i dont know IRS law.

She never filed when she was with me over the last two years because we were traveling to Europe and Africa.

Please Help

The first thing she needs to do is file her taxes for the last two years. If her father was filing them for her before that (and she just can't get the 1040/W-2/etc copies), she can still obtain her IRS tax transcripts for those prior years, if needed.


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

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File back taxes and get copies of filings to include with I-864.

Also, moving this topic to AOS from work, tourist, student visa, I think I remember reading you're AOSing from tourist.

Edited by milimelo

Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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File back taxes and get copies of filings to include with I-864.

Also, moving this topic to AOS from work, tourist, student visa, I think I remember reading you're AOSing from tourist.

My problem is that i have to be at the USCIS office within a few hours, they have agreed that i can go in to fax my i-864 to the head office as they are trying to get my emergency travel documents processes as i have an emergency.

I have a co sponsor who has all his taxes, my wifes income has been 0..

whats the fastest solution? can i file without her tax slips?

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Wife/petitioner is always the primary sponsor. Any joint sponsor is secondary to the petitioner. All you can do is ask if they will accept what you have.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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You need to realize that without required documents you will not be given an AP. Prepare to stay in the US until you provide what they ask for and receive AP. Failure to obey and leaving without an AP will get you a cancelled AOS and you get to stay in Cyprus to await CR-1 visa processing.

Poor planning on your end got you in this bind.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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You need to realize that without required documents you will not be given an AP. Prepare to stay in the US until you provide what they ask for and receive AP. Failure to obey and leaving without an AP will get you a cancelled AOS and you get to stay in Cyprus to await CR-1 visa processing.

Poor planning on your end got you in this bind.

i agree on that one.. very poor planning!!

nope i cant miss my wedding it is going to be epic, i will go and live in Africa for a year or so till my visa comes in. Only sucks because my wife will miss her family but it is better for me, its easier for me to make money over there

here is our wedding website www.mypaolita.com :), cant miss that :)..

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I am going to try and file her taxes today.

Lets say i do so, then can i give copies of what i filed? will that suffice?

option a) go in with what i have and see if they accept

b) quickly file her taxes and make copies of the forms i file

c) Give up

If option B, then how long will it take?

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I am going to try and file her taxes today.

Lets say i do so, then can i give copies of what i filed? will that suffice?

option a) go in with what i have and see if they accept

b) quickly file her taxes and make copies of the forms i file

c) Give up

If option B, then how long will it take?

ok so i got the IRS form 1040EZ, if i fill them out and file her last few years of taxes, all at 0 income, can i use those documents?

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B is the best option you have assuming that she needed to file.

If her income was below the amount required to file then what is needed is a statement from her saying the she was not required to file taxes for year 20xx because her income ( $xxxx ) was below the amount needed to file.

Transcripts of prior filed returns can be obtained in a few hours via fax by her calling the IRS. See this link >>> http://www.irs.gov/newsroom/article/0,,id=105370,00.html


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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ok so i got the IRS form 1040EZ, if i fill them out and file her last few years of taxes, all at 0 income, can i use those documents?

If her income was zero then she was not legally required to file. A letter explaining this is all that's needed.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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B is the best option you have assuming that she needed to file.

If her income was below the amount required to file then what is needed is a statement from her saying the she was not required to file taxes for year 20xx because her income ( $xxxx ) was below the amount needed to file.

Transcripts of prior filed returns can be obtained in a few hours via fax by her calling the IRS. See this link >>> http://www.irs.gov/n...=105370,00.html

Yes, you can get transcripts, but not for 10-14 days after you file so they can process it. I'd go to IRS field office and see what can be done there.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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B is the best option you have assuming that she needed to file.

If her income was below the amount required to file then what is needed is a statement from her saying the she was not required to file taxes for year 20xx because her income ( $xxxx ) was below the amount needed to file.

Transcripts of prior filed returns can be obtained in a few hours via fax by her calling the IRS. See this link >>> http://www.irs.gov/newsroom/article/0,,id=105370,00.html

Thank you i am busy filling her taxes as of now. Her income has been 0, for the last three years, one website is saying she needs to file and another website is saying she doesnt need to file. v

I am sorry but i have never filed american taxes before, so i am a little lost... can someone give me a little more guidence with this tax issue.. i am filling out form 1040EZ...

Should i just go with her statement saying that she hast made money and give proof and thats why she hasnt filed?

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If her income is below the filing requirement, then she would not need to file a tax return. As the form I-864 instructions state (page 8), in that case the sponsor would include a statement giving the reason that they are not required to file. A statement to the effect of my income in 20xx was $xxxx which is below the amount required to file a tax return.

For the prior filed return(s) you can call the number in the link given above. I believe it's only the most recent 3 years that are available. For anything that she files now it takes a bit of time for the return to get into the system in order to receive a transcript. Transcripts are required for late filed returns. Milimelo's advice above is best if you need proof of filing ASAP.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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If her income is below the filing requirement, then she would not need to file a tax return. As the form I-864 instructions state (page 8), in that case the sponsor would include a statement giving the reason that they are not required to file. A statement to the effect of my income in 20xx was $xxxx which is below the amount required to file a tax return.

For the prior filed return(s) you can call the number in the link given above. I believe it's only the most recent 3 years that are available. For anything that she files now it takes a bit of time for the return to get into the system in order to receive a transcript. Transcripts are required for late filed returns. Milimelo's advice above is best if you need proof of filing ASAP.

thank you very much, this is the document i have drawn up: i will take it in today:

Statement for submitting

Tax Returns

Miss P Social Security :

100 Bayview Drive

Sunny Isles, Florida

33

To Whom It May Concern:

I Paola Andre Correa, hereby declare that I have not met any of the below criteria that would obligate me to file my tax returns for the last 3 years.

To determine if you need to file a Federal Income Tax return answer the following questions:

Occasionally, individuals have one-time or infrequent financial transactions that may require them to file a Federal Income Tax return. Do any of the following examples apply to you?

• Did you have Federal taxes withheld from your pension and wages for this tax year and wish to get a refund back?

• Are you entitled to the Earned Income Tax Credit or did you receive Advance Earned Income Credit for this tax year?

• Were you self-employed with earnings of more than $400.00?

• Did you sell your home?

• Will you owe any special tax on a qualified retirement plan (including an individual retirement account (IRA) or medical savings account (MSA)? You may owe tax if you:

o Received an early distribution from a qualified plan

o Made excess contributions to your IRA or MSA

o Were born before July 1, 1939, and you did not take the minimum required distribution from your qualified retirement plan.

o Received a distribution in the excess of $160,000 from a qualified retirement plan.

• Will you owe social security and Medicare tax on tips you did not report to your employer?

• Will you owe uncollected social security and Medicare or Railroad retirement (RRTA) tax on tips you reported to your employer?

• Will you be subject to Alternative Minimum Tax (AMT)? (The tax law gives special treatment to some kinds of income and allows special deductions and credit for some kinds of expenses.)

• Will you owe recapture tax?

• Are you a church employee with income in wages of $108.28 or more from a church or qualified church-controlled organization that is exempt from employer social security or Medicare taxes?

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