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

[Alsinet 0]

Where could I find this person to translate my birth certificate the USCIS would accept??? Thanks.

[David & Diana R 1,005]

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?

You are correct. Number 13 clearly says you have filed US Tax Returns for the last 3 years. If you check this box you would be falsifying the form. I would suggest filing the last tax years. You dont have to turn them in but you better have filed as these records are easily checked by NVC, etc/...

Aloha Ke Akua

[David & Diana R 1,005]

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.

This is incorrect advice. The form clearly asks (13) if you filed US Income Taxes for the three years. While you do not have to submit all 3 years you better make sure you filed thoses taxes or you will be commiting VISA fraud.

[Alsinet 0]

Sorry, I can't edit my previous posts for some reason so I have to keep posting, I have a new question: does the accountant filing out the taxes has to be in the same State as us? Does it matter?

[mariepear 12]

This is incorrect advice. The form clearly asks (13) if you filed US Income Taxes for the three years. While you do not have to submit all 3 years you better make sure you filed thoses taxes or you will be commiting VISA fraud.

And later I said I did not understand that her fiance didn't file taxes at all in those years...

[Teamswirly 3]

Hiii.My husband just gave them the 2012 tax returns which are enought coz he way above the 125% poverty line.He also added for the previous years just because.They just want to see the latest one.Hope this helps

[JRF 117]

Sorry, I can't edit my previous posts for some reason so I have to keep posting, I have a new question: does the accountant filing out the taxes has to be in the same State as us? Does it matter?

No but you need to be sure he or she understands the tax laws of the state in which income was earned so as to properly complete any state tax forms.

I am a little surprised at the number of people who run into problems with the AOS because they didn't file tax returns. The bigger issue for them are problems with the IRS. A visa should be the secondary consideration, after buttoning up their tax situation.

[Harpa Timsah 13,258]

OP: Your husband needs to file his back taxes. Shouldn't take more than a few hours to do it.

[KayDeeCee 4,892]

People keep stating only the most recent year needs to be sent with the I-864. This is true, HOWEVER, you need to list the Total Income from the last 3 years on the I-864. If you were legally required to file taxes those years, then you need to file your back taxes. If you were not legally required to file in any of the last 3 years, then you need to include a statement that explains why you were not legally required to file.

[Strictly4theluv 10]

And later I said I did not understand that her fiance didn't file taxes at all in those years...

Hi David & Zoila! Thanks for ur post. We had a misunderstanding with mariepear... It was my fault... I dint explain myself correctly...

Thank you though!!!!

[Strictly4theluv 10]

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?

Hello!

I think today (and I say I think because he is not up yet) (is just 9:40 spanish time) my fiancee has a meeting with his accountable to fill up his backtaxes... I will inform you guys in how it went...

It just so happen that yesyerday when i read the form for the first time i realized that they require not only the last year to be filled but also information about the two years before that... Hope it gets fixed today or in the next couple of days cause i want to send AOS as son as we get married and that will be at the end of october...

As far as the translation, ive translated all my documents in Spain. I went on the american embassy website and over there theres. List of official translators designed and certified by the goverment to do translations...

Im sure if you go on your contries embassy website it may have information about it..

Now that i think about it, better than going to the us embassy in france, you would be better going to the french embassy in the us... Im sure they can help you finding a certified translator...

Wish u the best of luck and i will keep you guys posted on my case as well...

[newacct 688]

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...

You don't file taxes because you needed it for some form. You file taxes because it is required by tax law. The form is an irrelevant side issue. If you were not required to file by law, then you also don't need it for the form. So the form has absolutely nothing to do with you filing your taxes.

Even if you never apply for any immigration forms in your life, you need to file taxes when required by law.

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

No. The petitioner must always be a sponsor.

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

There are two things that are required: a) The tax return or tax return transcript for the past 1 year, and b) the "total income" number from the tax returns of the past 3 years.

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.

More specifically, he needs to put the exact number from the "total income" line on the tax return. So there is some "tax return information" that he needs.

While you do not have to submit all 3 years you better make sure you filed thoses taxes or you will be commiting VISA fraud.

Either filed taxes, or been not required to file.

Hiii.My husband just gave them the 2012 tax returns which are enought coz he way above the 125% poverty line.He also added for the previous years just because.They just want to see the latest one.Hope this helps

Past tax returns and theh 125% poverty line have no relation to each other. The thing (and the only thing) that needs to be over 125% poverty line is current income.

Edited October 9, 2013 by newacct

[Strictly4theluv 10]

You don't file taxes because you needed it for some form. You file taxes because it is required by tax law. The form is an irrelevant side issue. If you were not required to file by law, then you also don't need it for the form. So the form has absolutely nothing to do with you filing your taxes.

Even if you never apply for any immigration forms in your life, you need to file taxes when required by law.

No. The petitioner must always be a sponsor.

There are two things that2d1c9d40663e3d6 are required: a) The tax return or tax return transcript for the past 1 year, and b) the "total income" number from the tax returns of the past 3 years.

More specifically, he needs to put the exact number from the "total income" line on the tax return. So there is some "tax return information" that he needs.

Either filed taxes, or been not required to file.

Past tax returns and theh 125% poverty line have no relation to each other. The thing (and the only thing) that needs to be over 125% poverty line is current income.

Thanks for your repply,

Just want to say that it is obvious that you dint feel taxes just because a form says so...

Everybodys situation is different and just so i dont get this too technical we are just going to go to our accountable and do what we need to do.

Thanks for reminding us that we need to follow law... That is something we also knew from the very begginig... Maybe i didnt explain myself propperty so im going to leave my case on our accountable and go from there.

Thank u so much ayway

[Alsinet 0]

Hello!

I think today (and I say I think because he is not up yet) (is just 9:40 spanish time) my fiancee has a meeting with his accountable to fill up his backtaxes... I will inform you guys in how it went...

It just so happen that yesyerday when i read the form for the first time i realized that they require not only the last year to be filled but also information about the two years before that... Hope it gets fixed today or in the next couple of days cause i want to send AOS as son as we get married and that will be at the end of october...

As far as the translation, ive translated all my documents in Spain. I went on the american embassy website and over there theres. List of official translators designed and certified by the goverment to do translations...

Im sure if you go on your contries embassy website it may have information about it..

Now that i think about it, better than going to the us embassy in france, you would be better going to the french embassy in the us... Im sure they can help you finding a certified translator...

Wish u the best of luck and i will keep you guys posted on my case as well...

Thank you for the reply! I can't travel until my AOS is complete so out of the question for me to go to France, do you think just emailing the French embassy in the US would work? I am going to try that Or maybe call them first.

[Harpa Timsah 13,258]

Thank you for the reply! I can't travel until my AOS is complete so out of the question for me to go to France, do you think just emailing the French embassy in the US would work? I am going to try that Or maybe call them first.

You need something translated? I got lost in this long and topic-bouncing thread...

If so, you don't need an embassy, just google "translation service" and find one. No problem.

Edited October 9, 2013 by Harpa Timsah