I-864

[sukrd 0]

I have read the gov't website where it states that only the most current years tax return is need to be filed with the I-864. I work off the books, so 04 and 05 taxes show below poverty line. I have a friend that is already willing to help get her here, co-sponsor for I-134. I-134 I have read and heard is not legally binding, but the I-864 is. By the time she gets here and we apply for AOS I will have to submit the 06 tax return. I plan to claim my income this year

Like I stated, the gov. site says only most recent return needed. Is there anyone who QUALIFIED for the most recent year,and submitted ONLY the most recent, but was asked by the Gov. to submit MORE than just the most recent tax return??

On the website it says it is OPTIONAL to submit back returns, but not required. I am asking cause the govt. can put whatever they want on the website and maybe in practice things are different. My co-sponsor does not mind filling out the I-134, but doesn't really want to be legally liable by having to fill out the i-864. If it is for SURE that I only need to submit my most recent return, I won't need him for the AOS. Any input would be appreciated. Thanks!!!

[sarah and hicham 3]

You can just submit your 2006 taxes, however they could always give you an RFE for more tax returns.

Good luck,

Sarah

[sukrd 0]

Sarah or Anyone

Have you heard if this is common?

[sarah and hicham 3]

I have seen this happening, yes. However most of it seemed to depend on the time filed, like it they filed right before taxes were due so no one had their return yet then later they wold get an RFE For taxes and send in the ones that were not ready before and everything was fine. SOmeone else will surely be able to help you out more though! Good luck!

Sarah

[sukrd 0]

Thanks.

I have just started a new business. and have a decent sized contract, but not payable till job is done, next year. i would think that if I can show, making 3 times, the poverty level in the first six months they would be satisfied. I would think it so, but like I said before this is the Govt. we are talking about.

anyone else got a story or opinion?

[*Robert* 2]

It's best to submit EVERYTHING you have... letter from employer, pay stubs, tax returns, tax transcripts, copies of W-2s.

Even THEN... you're still not guaranteed they won't send you an RFE... when it comes to I-864s... thats their favorite one to pick on.

[Reba 2]

yep, and if you did not file a tax return in prior years, that can come back to bite you in the #######. You'll have to let them know why you didn't file, and as I understand it, you're required to file a tax return, even if you made no money. You may want to find out about that on the IRS website, and then file any back returns, just to cover your tracks.

If you don't send them in with the AOS forms, they'll either RFE you, or ask for them at the interview. When we sent in our AOS stuff, we sent 3 years worth. When we had our interview, we were asked for the most recent years tax return. We sent our AOS in early April 05, (before we had sent in that year's return) and had our interview in Feb. 06.

[Miranda&James 8]

My cosponsor was WELL over the poverty line and we got RFE'd for the three most recent years. Actually, we sent the three most recent years now that I think about it and got RFE'd for transcripts, W-2's and 1099's, employer letter, and proof of citizenship.

[Yodrak 7]

Sarah,

Not the situation that kino is asking about. Yes, they will want the most recent tax return that has become available. kino is asking about being asked for older tax returns that are not the most recent.

I have not heard of such a request since the final rule was implemented, but I can imigine it happening on occasion.

Yodrak

I have seen this happening, yes. However most of it seemed to depend on the time filed, like it they filed right before taxes were due so no one had their return yet then later they wold get an RFE For taxes and send in the ones that were not ready before and everything was fine. SOmeone else will surely be able to help you out more though! Good luck!

Sarah

JamesMiranda,

This appears to be not the situation that kino is asking about. You were RFE'd for 3 years of tax information because you offered 3 years of tax information (but apparently supplied incomplete information or they lost some of what you provided), not because you offered 1 year and they wanted more.

Yodrak

My cosponsor was WELL over the poverty line and we got RFE'd for the three most recent years. Actually, we sent the three most recent years now that I think about it and got RFE'd for transcripts, W-2's and 1099's, employer letter, and proof of citizenship.

[meauxna 15]

If it is for SURE that I only need to submit my most recent return, I won't need him for the AOS. Any input would be appreciated. Thanks!!!

The intial evidence requirement is for ONE (most recent) tax return for the I-864, AND, they can ask you for anything they want.

There is no guarantee available.

[Miranda&James 8]

Sarah,

Not the situation that kino is asking about. Yes, they will want the most recent tax return that has become available. kino is asking about being asked for older tax returns that are not the most recent.

I have not heard of such a request since the final rule was implemented, but I can imigine it happening on occasion.

Yodrak

I have seen this happening, yes. However most of it seemed to depend on the time filed, like it they filed right before taxes were due so no one had their return yet then later they wold get an RFE For taxes and send in the ones that were not ready before and everything was fine. SOmeone else will surely be able to help you out more though! Good luck!

Sarah

JamesMiranda,

This appears to be not the situation that kino is asking about. You were RFE'd for 3 years of tax information because you offered 3 years of tax information (but apparently supplied incomplete information or they lost some of what you provided), not because you offered 1 year and they wanted more.

Yodrak

My cosponsor was WELL over the poverty line and we got RFE'd for the three most recent years. Actually, we sent the three most recent years now that I think about it and got RFE'd for transcripts, W-2's and 1099's, employer letter, and proof of citizenship.

I realize that but I just wanted to be sure they understand that even if they do send in all three years it may not be enough, so it's best to send in every single piece of evidence they say you "may" (may apparently means must) send in in order to have the best chance at avoiding an RFE.

[sukrd 0]

I think Yodrak understood what I was trying to ask. Yodrak what is that "final rule" you mentioned.

I read some people mention about giving 3 years worth of returns and evidence. Why would you do that if it is not required? I can see if they (govt.) asks for it. But why do it, if the regs. only state you need to file the most RECENT year.

I have worked off the books most of my life. This year I actually plan to claim my income or just enough to qualify. The years prior to this i usually only claim like 10-12K. Below the poverty line. It would not work to my advantage to volutarily submit these. And even if they were above poverty line why do the xtra paperwork if I don't need.

Do most people ONLY file the most RECENT tax return? And if this return meets the standards, and you are currently employed, etc. Is this USUALLY enough to get a green light?

[Mew 0]

http://www.uscis.gov/graphics/publicaffair...pp_062106FS.pdf - Final Rule regarding Affidavits of Support.

[sukrd 0]

Thanks mew, for that "final rule" link.

[Mew 0]

Thanks mew, for that "final rule" link.

No problem!