DO I NEED TO SHOW TAX RETURNS?

[Wenthworth 0]

Hi,

I am about to file for a change of status for my wife.From a visitors visa to the temporary greencard.we got married in november.

My question is :I have not filed taxes for the last 3years because i have not worked for those years,i dont know if i require proof of tax returns for 3years.although i have a family friend who is our sponsor and would include his 3years tax return and his bank statement.

please i need your advice so we do not make a mistake in my wife's application.

Thank you.

oh and my wife is in the states,we got married here in Chicago.she has been here for over a year now.

Edited December 23, 2012 by Wenthworth

[Cathi 5,609]

yes you 100% need to show tax returns unless you are not required to file. If you are not required to file you must still file an I-864 and show proof as to why you don't have to file, and get a joint sponsor who must also file a separate I-864.

[I AM NOT THAT GUY 5,715]

If you didn't file, and should have, it is the time to get back in the good graces with the IRS. Once you were married, your tax problems, if any, also became your wife's problems. Later down the road, your wife will have to show she is current with her taxes, and filed for the period since she became an LPR. Food for thought. If you didn't have to file, you (and she) will have to be able to show that is the case as well.

[Roosha 51]

Hi,

I am about to file for a change of status for my wife.From a visitors visa to the temporary greencard.we got married in november.

My question is :I have not filed taxes for the last 3years because i have not worked for those years,i dont know if i require proof of tax returns for 3years.

If you have no income for a tax year then you are not required to file. When you fill out the I-864 you need to put $0 as your income. That's all. And since you already have a joint sponsor then you're good to go.

[KayDeeCee 4,891]

If you have no income for a tax year then you are not required to file. When you fill out the I-864 you need to put $0 as your income. That's all. And since you already have a joint sponsor then you're good to go.

That is not all. If they were not required to file, they need to include a statement as to why they were not legally required to file for the last 3 years.

[Roosha 51]

That is not all. If they were not required to file, they need to include a statement as to why they were not legally required to file for the last 3 years.

No, b/c their income will clearly show as $0 on the form and so anyone processing the form will not need an extra statement saying that they didn't make any money and weren't required to file. It's not needed and many people have gotten approval without it. It's an extra step a lot of people include, but is not a requirement.

ETA: If someone had income but it was under the threshold to file then yes, I would say that they need to file a statement as well as information from the IRS proving that the amount is under the threshold. But no income whatsoever? Not needed.

Edited December 23, 2012 by Roosha

[KayDeeCee 4,891]

No, b/c their income will clearly show as $0 on the form and so anyone processing the form will not need an extra statement saying that they didn't make any money and weren't required to file. It's not needed and many people have gotten approval without it. It's an extra step a lot of people include, but is not a requirement.

ETA: If someone had income but it was under the threshold to file then yes, I would say that they need to file a statement as well as information from the IRS proving that the amount is under the threshold. But no income whatsoever? Not needed.

It IS a requirement. It is stated in the I-864 instructions. See page 8 of the instructions. "If you were not required to file a Federal income tax return under U.S. law because your income was too low, attach a written explanation." $0 makes it too low.

Question #25 asks about income from the past 3 years of tax returns. They would need to put N/A in those 3 lines because they did not file and had no income. They need to provide a statement as to why they did not legally file the last 3 years. It is a simple thing to do, and follows the form instructions.

Better yet for #25 in their case is to put 'N/A-SEE ATTACHMENT' and add their statement as to why they did not legally need to file as the attachment.

Edited December 23, 2012 by Jay-Kay

[Penguin_ie 5,984]

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