I-864 Question

[Derbo/Yamkins 4]

Hello again, VJers!

Deren and I are now happily married. We are now starting on our next journey which is the AOS amd EAD.

We have a question regarding I-864 (Affidavit of Support Under Section 213A of the Act). How should we fill up Question 25 in the form? It's regarding the 3 most recent years of tax return. Deren has only been working for 3 years. He hasn't filed for 2011 yet since it's too early. 2008, he was still studying college.

Income is not a problem since he is earning above the requirement. We just don't know how to fill up the question because of the years.

So far, that's the only thing we're waiting on. We have acquired the rest of the requirements based on this guide:

http://www.visajourney.com/forums/topic/317681-life-after-k1-poe/

Thank you very much!

[dindo and patty 20]

Hello again, VJers!

Deren and I are now happily married. We are now starting on our next journey which is the AOS amd EAD.

We have a question regarding I-864 (Affidavit of Support Under Section 213A of the Act). How should we fill up Question 25 in the form? It's regarding the 3 most recent years of tax return. Deren has only been working for 3 years. He hasn't filed for 2011 yet since it's too early. 2008, he was still studying college.

Income is not a problem since he is earning above the requirement. We just don't know how to fill up the question because of the years.

So far, that's the only thing we're waiting on. We have acquired the rest of the requirements based on this guide:

http://www.visajourn...e-after-k1-poe/

Thank you very much!

Congratulations! Question #25 on the I-864 actually gives you an option. If you notice, there are 2 boxes you can check. The 1st one is for sending just the latest or most recent tax return. The 2nd one is optional should you choose to send the 3 most recent tax returns. So, you should be fine with sending the most recent tax return or ITR (tax transcript) and check the 1st box. Also, you might want to check out I-864EZ to see if you can use it as it is a much simpler form.

Good luck!

Edited November 22, 2011 by dindo and patty

[Derbo/Yamkins 4]

Thanks for the reply, Deren here.

The 1st one is for sending just the latest or most recent tax return. The 2nd one is optional should you choose to send the 3 most recent tax returns.

I feel like I can't properly check either box though. The form states:

"I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year."

I have only filed a tax return in 2010, and 2009. Am I just supposed to leave the line for 2008 blank? Place a 0 here? Should I attach an explanation that I was a full time student with no income in 2008?

If we had a few more months to wait around I would just include my 2011 W2 and could ignore 2008 completely

[Leatherneck 693]

Thanks for the reply, Deren here.

I feel like I can't properly check either box though. The form states:

"I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year."

I have only filed a tax return in 2010, and 2009. Am I just supposed to leave the line for 2008 blank? Place a 0 here? Should I attach an explanation that I was a full time student with no income in 2008?

If we had a few more months to wait around I would just include my 2011 W2 and could ignore 2008 completely

You can only provide the information that is available to you or that applies to you. Since there is no return for 2008, and your husband was still a student, simply attach a statement explaining such.

You can't provide what you don't have, but you can provide a statement describing the facts which clarifies why no return for 2008.

The current income for 2011 is most important anyway.

[dindo and patty 20]

Thanks for the reply, Deren here.

I feel like I can't properly check either box though. The form states:

"I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year."

I have only filed a tax return in 2010, and 2009. Am I just supposed to leave the line for 2008 blank? Place a 0 here? Should I attach an explanation that I was a full time student with no income in 2008?

If we had a few more months to wait around I would just include my 2011 W2 and could ignore 2008 completely

I would check the 1st box and send in the ITR for 2010. During the interview, if you have an interview, I would just bring the 2009 ITR

in case they want to take a look at it. Obviously, you have a perfectly valid reason for not having filed for 2008 and can be explained.

[VanessaTony 3,567]

I would check the 1st box and send in the ITR for 2010. During the interview, if you have an interview, I would just bring the 2009 ITR

in case they want to take a look at it. Obviously, you have a perfectly valid reason for not having filed for 2008 and can be explained.

Not exactly correct. While they only need to send a copy of the most recent year, they MUST write the detail of all three years on the form. For 2008 obviously that's a 0 and they MUST submit an explanation with the I-864 as to why they didn't file in 2008.

Edited November 22, 2011 by Vanessa&Tony

[VanessaTony 3,567]

I have only filed a tax return in 2010, and 2009. Am I just supposed to leave the line for 2008 blank? Place a 0 here? Should I attach an explanation that I was a full time student with no income in 2008?

Yes you put a 0 and include an explanation.

[dindo and patty 20]

Not exactly correct. While they only need to send a copy of the most recent year, they MUST write the detail of all three years on the form. For 2008 obviously that's a 0 and they MUST submit an explanation with the I-864 as to why they didn't file in 2008.

There you go Deren. You should be set. Good luck!

[paul_kay 31]

I had the same issue. I checked the first box and sent only 2 ITRs and so far I haven't received any RFEs for it. We just included my husband's paystubs, employment letter and bank statement.