I864, tax return information

[cazzers 83]

My husband, the petitioner, was filling out I864 and we are a little bit confused on Part 6, question 13, where it says :"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."

He hasn't filed taxes for 2011, 2012 because he hasn't been working these years, while being in Europe. He only started working here, in the US, in March 2013. We have the tax return for 2013 and will be sending that along with i864. So, we don't know if he should check this box for q13. It's confusing.

Also, he wrote a written explanation why he was not required to file taxes for 2011, 2012.

Aloha!

[dwheels76 5,468]

My husband, the petitioner, was filling out I864 and we are a little bit confused on Part 6, question 13, where it says :"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."

He hasn't filed taxes for 2011, 2012 because he hasn't been working these years, while being in Europe. He only started working here, in the US, in March 2013. We have the tax return for 2013 and will be sending that along with i864. So, we don't know if he should check this box for q13. It's confusing.

Also, he wrote a written explanation why he was not required to file taxes for 2011, 2012.

Aloha!

Then for those two years he writes $0 and writes a cover-letter explaining why he wasn't required to file a tax return.

Now be aware every embassy, country and CO is different. many want current and previous year income some current so just be prepared if they ask for a co-sponsor. May not need one but still be prepared.

[cazzers 83]

Ah, sorry I didn't mention before...I'm adjusting status. We have a co-sponsor who offered to help, in case I receive a RFE for that.

[KayDeeCee 4,893]

My husband, the petitioner, was filling out I864 and we are a little bit confused on Part 6, question 13, where it says :"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."

He hasn't filed taxes for 2011, 2012 because he hasn't been working these years, while being in Europe. He only started working here, in the US, in March 2013. We have the tax return for 2013 and will be sending that along with i864. So, we don't know if he should check this box for q13. It's confusing.

Also, he wrote a written explanation why he was not required to file taxes for 2011, 2012.

Aloha!

Yes, go ahead and check the box. Do not fill in $0 for the years he did not file. Leave them blank. The instructions state if something is N/A or None, to leave them blank. If you feel the need to list anything for those years, then N/A is a more appropriate answer for those years. Include the statement as to why he was not legally required to file those years, as per the I-864 instructions > "If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation."

[cazzers 83]

Yes, go ahead and check the box. Do not fill in $0 for the years he did not file. Leave them blank. The instructions state if something is N/A or None, to leave them blank. If you feel the need to list anything for those years, then N/A is a more appropriate answer for those years. Include the statement as to why he was not legally required to file those years, as per the I-864 instructions > "If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation."

Thank you so much, Jay-Kay.

Also, I have another question. How recent must the letter from the employer be? We have one dated from the beginning of December 2013. Will that do, or does he have to get a more recent one?

[KayDeeCee 4,893]

If the job and salary have not changed since Dec, then that letter should be fine.

[cazzers 83]

Thank you once again, Jay-Kay