form i-864

[Clinton6 0]

hello all,

My wife and i are filling out the forms to adjust my status. We are submitting form i-130 and i-485 together. my question is with form i-864:

1. do we need to submit this form i-864 along with the i-130 and i-485 or submit it later on?

2. My wife has not filed her taxes because she has been claimed as a dependent under her mums tax return for the past years. what information do we put for Part 6 of form i-864? What do you suggest we door put here?

Any information or help will be very helpful. Thanks and God bless!!

clinton

[Dave&Roza 748]

hello all,

My wife and i are filling out the forms to adjust my status. We are submitting form i-130 and i-485 together. my question is with form i-864:

1. do we need to submit this form i-864 along with the i-130 and i-485 or submit it later on?

2. My wife has not filed her taxes because she has been claimed as a dependent under her mums tax return for the past years. what information do we put for Part 6 of form i-864? What do you suggest we door put here?

Any information or help will be very helpful. Thanks and God bless!!

clinton

You need to complete the I-864 from and include it with the package. Just because your wife was a dependent does not excuse her from the requirements of filing an income tax return unless she can show that she does not meet the IRS requirements for filing a tax return. I would assume that since she is your only sponsor she makes more than 125% of the poverty guidelines in which case she was required to file an income tax return. If she was not required to file an income tax return, then her income is not sufficient to sponsor you by herself and you will need to find a co-sponsor for the I-864. Either way, your wife completes the I-864 form and includes her tax transcripts (she needs to file her taxes ASAP and hope she does not owe any taxes for past years and have to pay a penalty and the interest or she needs to show that she was not required to file a tax return based on IRS rules) and if she is above the 125% poverty guidelines you are done. If not, you need to find a co-sponsor like her Mother to help with this.

Good luck,

Dave

[KayDeeCee 4,895]

Yes, you need the I-864 when filing.

Guide > http://www.visajourney.com/content/i130guide2

Read through the instructions for the I-864 > http://www.uscis.gov/i-864

~ Moved from What Visa Do I Need to AOS from Work, Student & Tourist Visas ~

[Clinton6 0]

thanks guys!

she never filed income tax forms because her mum claimed her under hers, so should she file her income tax forms now? Is she required to submit the income tax form with the i-864 form?

please help. thanks

[CdnRN 40]

Yup she will need to send in her 2013 tax transcript (2012 and 2011 too would be good) and proof of current income - such as paystubs and/or employment letter. I'd make sure she files taxes for the last 3 years ASAP

[KayDeeCee 4,895]

thanks guys!

she never filed income tax forms because her mum claimed her under hers, so should she file her income tax forms now? Is she required to submit the income tax form with the i-864 form?

please help. thanks

Did she make enough income that required her to file? If she was supposed to file and did not, then she should file her back taxes. If her income was too low to be required to file, then she does not need to now. She needs to include a statement explaining why she was not legally required to file for whatever years she did not. It talks about that in the I-864 instructions.

[Dave&Roza 748]

thanks guys!

she never filed income tax forms because her mum claimed her under hers, so should she file her income tax forms now? Is she required to submit the income tax form with the i-864 form?

please help. thanks

Please have her check this site out to see if she was REQUIRED to file a tax return. Being claimed as a dependent does not release you of the requirement of having to file a tax return. My brother was claimed by my parents but he still made enough earned income, interest, dividends, and capital gains to be required to file a tax return. He just did not get to use his standard deduction--my parents got that which was more beneficial as they were in a much higher tax bracket.

As I stated before, if she makes enough money to be your only sponsor she will need to file her back tax returns and pay the consequences. If she did not make enough to be required to file than she will need to get a joint sponsor than makes above the 125% of the poverty guidelines for their family size plus you.

Dave

[Clinton6 0]

Thanks Dave and everyone who has been so helpful!!

She did not file her taxes for previous years and also she does not make enough to sponsor me.

So what i understand is that she will not need to file taxes now (but can explain that why she hasn't been filing) and we can have a joint sponsor complete another form i-864 and provide the necessary information?

thank you guys and God bless.