1-864 Help: My Beneficiary didn't receive an income tax return last year

[wooden heart 4]

Hello all you friendly, helpful folks,

Please excuse me if this question has been asked and responded to several times -- I took a search through the forums and couldn't seem to find anything.

My fiance, the beneficiary, did not receive a tax return last year as he filed that his income was so low that no tax was deducted from him. So instead of receiving a income tax return, he just received a notification of the above.

(We, of course, are going to have a co-sponsor.)

Does my beneficiary need to re-file and get a tax return?

Thanks so much...

[Saylin 1,605]

Hello all you friendly, helpful folks,

Please excuse me if this question has been asked and responded to several times -- I took a search through the forums and couldn't seem to find anything.

My fiance, the beneficiary, did not receive a tax return last year as he filed that his income was so low that no tax was deducted from him. So instead of receiving a income tax return, he just received a notification of the above.

(We, of course, are going to have a co-sponsor.)

Does my beneficiary need to re-file and get a tax return?

Thanks so much...

I'm not sure if it's different for K-1 visas, but for IR-1/CR-1 visas, never is it asked of the beneficiary's tax returns. The US doesn't care if the beneficiary is working, or whether they filed tax returns. The only importance is on the petitioner.

[GandK 168]

The consulate doesn't care about the beneficiary's financials. The financial requirements is on the USC petitioner who has to show that he/she will be able to financially support both of them in the USA.

Edited February 5, 2012 by GandK

[VanessaTony 3,567]

You mean the SPONSOR or the PETITIONER hasn't filed a tax return right? The beneficiary is the immigrant. USCIS could give 2 hoots about the financial status of the immigrant/beneficiary.

[Inky 1,111]

CANADA does NOT use 864 for the K-1 interview !!!! totally wrong forms.

Beneficiary does NOT provide taxes at all only the petitioner and sponsor would provide taxes.

[Gary and Alla 3,696]

Hello all you friendly, helpful folks,

Please excuse me if this question has been asked and responded to several times -- I took a search through the forums and couldn't seem to find anything.

My fiance, the beneficiary, did not receive a tax return last year as he filed that his income was so low that no tax was deducted from him. So instead of receiving a income tax return, he just received a notification of the above.

(We, of course, are going to have a co-sponsor.)

Does my beneficiary need to re-file and get a tax return?

Thanks so much...

I believe you are confused. The petitioner/sponsor is the US citizen. The beneficiary is the foreign spouse/fiancee.

A person does not "receive a tax return" they FILE a tax return. This is form number 1040 or 1040EZ. There is an exemption for not filing if you did not make enough money but that amount is VERY low. Most people that make a low income still need to FILE a tax return even though they may not have to PAY any tax, Check the tax laws. If hs income was below the level needed to file a return, then he is fine and simply attach an explanation why citing the tax code that exempts him. If his income was above that amount then he needs to file a tax return NOW and attach it to his affidavit of support.

The consulate uses the I-134 not the I-864

[JimVaPhuong 4,865]

Common mistake. Many newcomers to the US get confused between a tax return and a tax refund.

[acuratlsd 11]

This might help:

http://www.irs.gov/individuals/article/0,,id=96623,00.html

[wooden heart 4]

Agh... TYPO!!! I meant to write my fiancee the petitioner. I'm Canadian, I'm the beneficiary. So sorry folks.

[wooden heart 4]

And yes, his income was so low he did not need to file a tax return. He's a full-time student who has had a few minimum wage paying, part-time jobs for a few months of last year.

I'm a little confused by people saying the consulate doesn't use the 1-864? On the checklist I received from the Montreal Consulate it says an Affidavit of Support (I-134) and Evidence of Support (I-864, federal individual income tax return for most recent year). Is that incorrect?

[Inky 1,111]

And yes, his income was so low he did not need to file a tax return. He's a full-time student who has had a few minimum wage paying, part-time jobs for a few months of last year.

I'm a little confused by people saying the consulate doesn't use the 1-864? On the checklist I received from the Montreal Consulate it says an Affidavit of Support (I-134) and Evidence of Support (I-864, federal individual income tax return for most recent year). Is that incorrect?

you are reading it wrong.

Montreal takes the 134 for the k-1 and uses the 864 for spousal visas. The information on Montreal website is lumped together for k-1 and spousal visas.

the bottom line is Montreal k-1 visa interviewers only use a 134.

[wooden heart 4]

you are reading it wrong.

Montreal takes the 134 for the k-1 and uses the 864 for spousal visas. The information on Montreal website is lumped together for k-1 and spousal visas.

the bottom line is Montreal k-1 visa interviewers only use a 134.

Okay -- thanks for the help!