AOS !!!!!!!!!!!!!!!(Taxes at I-864 Affadavit)

[Strictly4theluv 10]

Hey everybody!!

So I'm here getting ready for my moving date to the USA in a couple days and I was going though the whole AOS procedure and forms that we need to send...

Everything went fine until I got to the I864 Affadavit of support.

My fiancee meets the imcome requirements as far as bringing home more than the 125% of the poverty guideness so that is not a problem...the problem is: the taxes...

I'm writting you guys to see if anybody found themselves in the same situation or anybody can give us a hand on what to do...

Me and my fiancee (as I want to think most of you guys) met each other in Spain (my country) because he was working here. This past tax year (2012) he filled for the tax return as we thought that that was the only year that USCIS was going to require in the form...

To my sourprise, when I've read it I see that there's need to introduce information about most recent year (2012) (we got it) and the following 2nd and 3rd most recent years

So now we gotta file for back taxes of those years...For what I've read that is not a big issue especially because he didn't make enough money oversease to owe nothing to IRS because he could excempt himself as a Foreign Earned Exclusion, so I think is just going to be filling it and waiting to receive a IRS-generate tax return transcript documenting the late filling before submiting I-864...

idk, if I made myself clear since i'm not very familiar with USA tax law and my english is not great...but I really hope somebody can tell us what they think about it...

Would solve the situation if my future mother in law joint-sponsor us? Or we still need to send info from my fiancee...

Anybody is in the same situation?

Help!!!!!!!!!!

[mariepear 12]

Read the instructions again:

Federal Income Tax Information.

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income

tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to

maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns

for the three most recent years.

http://www.uscis.gov/files/form/i-864instr.pdf

[Strictly4theluv 10]

Thank you Mariepear for replying so fast!

The instructions say exactly what you've posted, but when you actually go to the form, to Part 6 (question 13-a, 13-b and 13c) it makes you put something...

http://www.uscis.gov/files/form/i-864.pdf

Am I wrong?

Read the instructions again:

Federal Income Tax Information.

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income

tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to

maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns

for the three most recent years.

http://www.uscis.gov/files/form/i-864instr.pdf

[mariepear 12]

You are welcome!

He just needs to put how much he made in those years...No need to submit the tax information. Read the number 14...it's optional.

[Pitaya 2,576]

~Moved from K-1 Process to Family-based AOS Forum~

~Inquiry is about AOS phase of process, past K-1 phase~

[Strictly4theluv 10]

You are welcome!

He just needs to put how much he made in those years...No need to submit the tax information. Read the number 14...it's optional.

Thanks again!! It is great to have you guys!

I just don't think is legal doing it that way (although if it is it would be way easier for us)...

Question number 13 of the form it makes you check:

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 feel like If I check this, I would be lying because my fiancee didn't file for the two previous years)

And then when it gets to 13a, 13b and 13c, we would be stating that he made that much money but If they check if he filled taxes they will see that he didn't...

idk!!!

Ahhhhhhhhh!!!! going crazy!!!!

[mariepear 12]

So now we gotta file for back taxes of those years...For what I've read that is not a big issue especially because he didn't make enough money oversease to owe nothing to IRS because he could excempt himself as a Foreign Earned Exclusion, so I think is just going to be filling it and waiting to receive a IRS-generate tax return transcript documenting the late filling before submiting I-864...

oh, I didn't understand that he didn't file the taxes at all in those years... I think this is probably what you need to do then, it makes sence... You shouldn't be worried.

Thanks again!! It is great to have you guys!

I just don't think is legal doing it that way (although if it is it would be way easier for us)...

Question number 13 of the form it makes you check:

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 feel like If I check this, I would be lying because my fiancee didn't file for the two previous years)

And then when it gets to 13a, 13b and 13c, we would be stating that he made that much money but If they check if he filled taxes they will see that he didn't...

idk!!!

Ahhhhhhhhh!!!! going crazy!!!!

Right, just get the previous tax transcripts and you should be fine.

[Strictly4theluv 10]

oh, I didn't understand that he didn't file the taxes at all in those years... I think this is probably what you need to do then, it makes sence... You shouldn't be worried.

Right, just get the previous tax transcripts and you should be fine.

Thank you Mariepear,

Just wondering how much would that take...hope it doesn't slow the process down that much... that add to the goverment shutdown can really end with my nerves...

My main thing is that since im Spain and procedures are soooo much different I don't control timmings or how would it work...My fiancee has an appointment tomorrow with his accountable, and I hope that can give us more info...

Can't wait till tomorrow though!! any accountable on visa journey that can tell me what is going to happen and how much will it take????LOL

tHANKS EVERYBODY,

[mariepear 12]

Thank you Mariepear,

Just wondering how much would that take...hope it doesn't slow the process down that much... that add to the goverment shutdown can really end with my nerves...

My main thing is that since im Spain and procedures are soooo much different I don't control timmings or how would it work...My fiancee has an appointment tomorrow with his accountable, and I hope that can give us more info...

Can't wait till tomorrow though!! any accountable on visa journey that can tell me what is going to happen and how much will it take????LOL

tHANKS EVERYBODY,

I know... I've lived and worked in Spain...And that's different enough from my country but USA are way too complicated with their procedures ... From what part of Spain are you?

[Strictly4theluv 10]

I know... I've lived and worked in Spain...And that's different enough from my country but USA are way too complicated with their procedures ... From what part of Spain are you

Oh really?? Where did you work? I'm from Barcelona!!

I just got worried because I don't know anything...and tomorrow I wont be there with the accountable to ask him whatever...I've been doing reaserch all day going crazy and I feel like i need to be there tomorrow so the accoutable do things right....

I may be a control freak....

Nah...but seriously... when i called my fiancee he was like...omg...what else...like we are both over this whole process and now more problems...I really thought we had everything under control until this morning...and now im freaking out...

[mariepear 12]

I know, it happens to me all the time... I'm a control freak too and I try to be prepared for everything, but sometimes things are out of my control. I'm sure the accountant can help you fiance to figure his taxes out.

When are you moving to the US?

I worked in Miami Platja (close to Salou, Cambrils...) for two summers, then Lanzarote and Ibiza. I love Spain, I speak spanish and I've always wanted to live in Spain untill I met my husband . I've been to Barcelona twice and Madrid once too. My husband has never been to Spain so I want to take him there and that's where we are going on our honeymoon next year. A roadtrip from Madrid to Andalucía ( Cordoba, Sevilla, Cádiz, Gibraltar)...I can't wait... I miss Spain a lot!

Edited October 8, 2013 by mariepear

[Strictly4theluv 10]

anybody else has been trhough the same...or something similar? has anybody had to back fill some tax years?

[amecus 0]

My wife just called the automated number to get her IRS tax transcripts for the past three years. It processed 2012 the most recent, and 2011, but it said 2010 was not available. Obviously, the 2012 is the only tax transcript that we need to send, but she does not know how much she earned in 2010 so cannot fill the 1864 in completely. Any advice on how to get this information?

[Strictly4theluv 10]

My wife just called the automated number to get her IRS tax transcripts for the past three years. It processed 2012 the most recent, and 2011, but it said 2010 was not available. Obviously, the 2012 is the only tax transcript that we need to send, but she does not know how much she earned in 2010 so cannot fill the 1864 in completely. Any advice on how to get this information?

Is she sure she filled? Doesn't she have any file at home from when she filled? Did she do it though any accountable? If she did, maybe they have the file in their system...Idk...just giving you ideas...

If not, I guess you guys will have to file again... I'm in the same situation...

Btw, maybe calling another IRS number and talking with somebody..

idk...

good luck

[Alsinet 0]

I was about to create a topic about it as well since we are in the same situation with my husband right now but I figured I'd just add up my information here. So my immigration package was received by the USCIS on September 10, we got the receipts for the forms 7 days later, (except for the medical form, is that normal, I called them and they said my case was being processed but I figured if we had the receipts for the other forms, why not for the medical one?) going to have my biometrics taken in 2 days, but yesterday we received a disturbing letter telling us that if we fail to send the completed form I-864 with the most recent Federal Income tax returns + an English translation of my foreign language birth certificate within 87 days, my case will be denied

We both feel lost as my husband didn't have his taxes filed out in years, so we are looking right now for someone who would do it for us and fast... it's crazy because we have so many leads but we don't know which one to chose as we had someone in the past supposed to work on my husband's taxes but he didn't do the work.... we are afraid not to find the one who will work fast. If I well understood well, we just need to attach to the form with the transcript/copy of the most recent tax year only (and provide the numbers of the others 2)?

As for the translation document, they precise it has to be a full english translation and the translator must certify that the translation is complete and accurate, and that he or she is competent to translate. So of course I am able to translate the doc but I imagine they require a professional, this is what they call someone "competent", right?