Filing I-130 in Japan

[nyahkon 0]

First, to confirm, the I-864 is collected during your spouse's final interview, correct? However, if you bring it with you to the initial I-130 interview so they can make sure everything is filled out correctly will they just go ahead and take it then?

Second, will they automatically flag your file if you don't have all three years of tax transcripts attached (even though it says they only require one for the most recent tax year)? I have two years of transcripts for me and all three years for my parent (the sole joint sponsor).

I don't believe I filed my 2008 taxes, so if they dig too deep I am worried it will screw everything up. I have an appointment at the embassy soon and can't afford to make any mistakes with this.

Is missing one year of filing three years ago an automatic rejection?

If the I-864 is indeed not collected until my spouse's final interview that will give me time to back-file my 2008 taxes before she goes in. If not, I'm not sure how to handle my upcoming appointment. I am hoping they will simply focus on my parent's taxes (since I will fail the income requirements, thus making my parent's income the basis for qualification) and not investigate mine too far beyond the most recent year (or two).

Any information or advice would be much appreciated.

Thank you.

Edited July 4, 2011 by nyahkon

[nyahkon 0]

Then again, since my I-864 will be flat-out rejected anyhow, does it really matter whether or not all of my taxes have been filed? What's most important is that all of my sponsor's taxes check out, no?

Perhaps I'm really reaching here, heh.

[LBeachey 44]

Then again, since my I-864 will be flat-out rejected anyhow, does it really matter whether or not all of my taxes have been filed? What's most important is that all of my sponsor's taxes check out, no?

Perhaps I'm really reaching here, heh.

Yes, you need to file all three years unless you weren't legally required to file and then a letter of explanation is required. You can still file for 2008 right now so you have the transcript before the interview. If all you income was overseas, you likely will not actually owe tax as you can usually exclude any foreign income (disclaimer - I am not a tax professional).

And your I-864 is not flat-out rejected. You are still on the hook for your spouse once they are in the States. Your co-sponsor will be required to make up any difference you can not repay.

[nyahkon 0]

I didn't mean I would be off the hook for my spouse, simply that whether or not income is at 125% of the poverty level would be based on my sponsor's income (since all of my income is foreign).

I realize I need to file 2008 taxes, but my initial interview is in about a week. I can't have the transcript by then, but I can have it by the time my wife goes in for her final interview.

I need to know whether or not this will work. They don't actually need the I-864 until then, correct? Should I still have them look over my I-864 at the initial interview regardless? I am simply worried they may collect it if everything looks fine only to later find out I haven't yet filed taxes for 2008. I don't know if I should flat-out tell them I am in the process of back-filing for 2008 or just let things play themselves out.

Edited July 4, 2011 by nyahkon

[Penguin_ie 5,986]

Just backfile; no need to mention it, just submit the docs at the interview. They are unlikely to even look at your I-864 at the initial interview for I-130, even if you bring it.