i-864 and three years of tax returns

[bruckerrlb 0]

I recently sent the i-130 petition through DCF at the Lima Embassy and our package came today, so I'm very excited about that. The interview has already been scheduled and it's in 15 days. I had a question about the i-864

Section 25 of the i-864 has a checkbox for if you've filed the last three years of federal income taxes, which I haven't. I'm in the process of filing my 2011 taxes, I"m talking with the IRS now and getting it done. I make more than 125% of the federal poverty line, and started making that amount at the beginning of 2011. I did not file taxes for 2009 and 2010 as I did not make enough money. With that being said, could there by any potential issues for not checking Section 25?, Will I be required to file for all three years? Would I be alright bringing to the interview what I've sent to the IRS for 2011? Does anyone have any experience or insight on this? Thanks

[Dana and Divine 61]

Send in the 2011 year (a TAX - not account- transcript is best. 2010 and 2011 are optional.

You also need to provide a letter from your boss stating you are working, making xxx amount of dollars this year, this xxx amount up until this date.

You will also have to make above the 125% poverty line this year in order not to have a co-sponsor. If you are breaking even with the cut off amount, I would suggest finding a co-sponsor just in case. Have it ready at interview just in case they use that as an excuse for denial.

Always have a back up plan! Good luck to you!

[yachachiq12 43]

I recently sent the i-130 petition through DCF at the Lima Embassy and our package came today, so I'm very excited about that. The interview has already been scheduled and it's in 15 days. I had a question about the i-864

Section 25 of the i-864 has a checkbox for if you've filed the last three years of federal income taxes, which I haven't. I'm in the process of filing my 2011 taxes, I"m talking with the IRS now and getting it done. I make more than 125% of the federal poverty line, and started making that amount at the beginning of 2011. I did not file taxes for 2009 and 2010 as I did not make enough money. With that being said, could there by any potential issues for not checking Section 25?, Will I be required to file for all three years? Would I be alright bringing to the interview what I've sent to the IRS for 2011? Does anyone have any experience or insight on this? Thanks

Write a letter explaining that you were not required to file in 2009 and 2010 due to not earning above the limit for required filing.

Is your income from a source that will continue once you move to the US? If not, you'll need to show you have US-based income once you move with your spouse to the US.

Also, don't forget about proving the domicile requirement with the filing of your I-864.

[bruckerrlb 0]

Thank you very much yachachiq12, Dana and Divine

Dana and Divine

I can get a letter from my boss stating how much I make and that my income will continue when we move to the US. I am a little worried about the transcripts coming in within the next 15 days, so I already have a co-sponsor preparing their last 3 years tax returns, thanks for the tip.

yachachiq12

Thanks for the info on the domicile requirement, I did not see anything about that in the packet that was sent over, only an address to send the permanent resident card, so I googled it and found some info on what qualifies as domicile. From what it looks like, if I am the sponsor, I am required to have residency in the US, which I do, as I"m a citizen, and have an address there (even though I haven't lived there in a while). If I have a co-sponsor would I still need to prove that I have residency or a residence in the US?

Thank you very much!

[yachachiq12 43]

You're filing DCF, right? If so, that means you're living in Peru (unless you've already physically moved to the US - have you?).

If you're living in Peru, you have to prove that you are either planning to re-establish domicile in the US or that you never abandoned domicile in the US. Residence is not the same as domicile necessarily. Having a permanent address in the US also doesn't equal domicile, as you don't live there. The I-864 instructions go over the requirements and there has been much discussion of this requirement on the VJ forums, which you can do a search for. If you live in Peru, this issue will come up at the Consulate in Lima.

Edited to add: it doesn't matter if you have a co-sponsor. You are still the first sponsor and you must fulfill the requirement of being a USC or green card holder and ALSO being domiciled in the US or intending to re-establish domicile on or before the date in which your spouse enters the US.

Edited September 25, 2012 by yachachiq12

[bruckerrlb 0]

You're filing DCF, right? If so, that means you're living in Peru (unless you've already physically moved to the US - have you?).

If you're living in Peru, you have to prove that you are either planning to re-establish domicile in the US or that you never abandoned domicile in the US. Residence is not the same as domicile necessarily. Having a permanent address in the US also doesn't equal domicile, as you don't live there. The I-864 instructions go over the requirements and there has been much discussion of this requirement on the VJ forums, which you can do a search for. If you live in Peru, this issue will come up at the Consulate in Lima.

Edited to add: it doesn't matter if you have a co-sponsor. You are still the first sponsor and you must fulfill the requirement of being a USC or green card holder and ALSO being domiciled in the US or intending to re-establish domicile on or before the date in which your spouse enters the US.

Thank you very much for this informative post, i will do some searches on this form to figure out what proper proof is and already have some ideas. I have not yet physically moved to the US, but I can get a renters agreement from the US for the interview.

Your edit got me curious, I am a USC, and can plan on taking care of intending to re-establish domicile before my wife enters the US, but if I have a co-sponsor, is it still required to have my 2011 tax transcripts? Can I bring the forms I sent to the IRS and are currently being processed? I know that's out of the realm of probably what you did, but your opinion would be greatly appreciated. The reason I ask is because I'm not sure if I'll have my tax transcripts within the next 15 days. Maybe a receipt that the taxes have been received?

Thanks!

[yachachiq12 43]

Thank you very much for this informative post, i will do some searches on this form to figure out what proper proof is and already have some ideas. I have not yet physically moved to the US, but I can get a renters agreement from the US for the interview.

Your edit got me curious, I am a USC, and can plan on taking care of intending to re-establish domicile before my wife enters the US, but if I have a co-sponsor, is it still required to have my 2011 tax transcripts? Can I bring the forms I sent to the IRS and are currently being processed? I know that's out of the realm of probably what you did, but your opinion would be greatly appreciated. The reason I ask is because I'm not sure if I'll have my tax transcripts within the next 15 days. Maybe a receipt that the taxes have been received?

Thanks!

In lieu of transcripts you can show the 1040 (or whatever form you filed) plus all the W-2s, 1099s, and so on. Since you're late filing, you'll also have to show evidence of an extension.

[Dana and Divine 61]

Thank you very much for this informative post, i will do some searches on this form to figure out what proper proof is and already have some ideas. I have not yet physically moved to the US, but I can get a renters agreement from the US for the interview.

Your edit got me curious, I am a USC, and can plan on taking care of intending to re-establish domicile before my wife enters the US, but if I have a co-sponsor, is it still required to have my 2011 tax transcripts? Can I bring the forms I sent to the IRS and are currently being processed? I know that's out of the realm of probably what you did, but your opinion would be greatly appreciated. The reason I ask is because I'm not sure if I'll have my tax transcripts within the next 15 days. Maybe a receipt that the taxes have been received?

Thanks!

Tax transcripts do take around a week to receive at a US based address. I'm not sure if they send them out of the country. They usually ship tax transcripts to the address that was filed on the form. Was that a US address? Yes, you can use your W-2's, and a copy of your original forms, but consulates (and NVC) like the tax transcripts because it "proves" you actually filed those taxes. If you could have them mailed to the address on your form (or a relatives address) then have them overnight the paper to you, I think that may be better. I'd use the W-2 as a last resort if time is truly running out. You may or may not get an RFE, so get the tax transcript anyway and be prepared! Oh, and make sure your employer writes your current income on company letter head.

[bruckerrlb 0]

Thank you Dana and Divine and yachachiq12

I will attempt to get the transcripts mailed within a week and yes it is to a relatives house in the US that they are being shipped to.

I do not have w-2's or 1099's as I am self employed as a contractor. The owner of the company I contract for will more than likely write me a letter stating how much I make, and that I am a contractor for the company and have been for a while, and will continue to be when I am in the US.

I have invoices that I send the company every two weeks, do you think that would help?

Thanks again for the help here

[Jasontnyc 9]

I doubt you will get your transcripts in a week if you just filed - I was told 6 weeks since they need to make their way through the system.

I included copies of the tax forms I submitted and my AOS was accepted.

You also keep mentioning bringing things to the interview. if you live abroad, you need to attach intent for US domicile to your AOS. See the second post of the September Filers thread for specific requirements.

[bruckerrlb 0]

I doubt you will get your transcripts in a week if you just filed - I was told 6 weeks since they need to make their way through the system.

I included copies of the tax forms I submitted and my AOS was accepted.

You also keep mentioning bringing things to the interview. if you live abroad, you need to attach intent for US domicile to your AOS. See the second post of the September Filers thread for specific requirements.

Thank you, great information!!

Just in case anyone needs it in the future, the post you are referring to is located here

Thanks again!