I-864 and not filing with IRS

[zhongruige 0]

Hi everyone,

So I have a rather complex issue, it may not even have an answer but I wanted to ask since I don't know where else to go!

Anyway so it's that devilish I-864 form. I'm currently unemployed so it's all zeros across the board from 6-5 to 6-13a~c.1. My mom is going to sponsor and we're above the 125% so that's not an issue.

The issue comes from when I was working abroad the past year and not having filed tax returns with the US government (something I admittedly overlooked). My income was above the $10,000 need to file as single threshold, but below the $20,000 and need to file as married, joint threshold. So I guess my question is: should I just file, or should I write a note--and notarize it--saying I only made x amount, and I wished to file jointly with my wife so we didn't need to file?

And if I should just file: can I file "single" (as in would that hurt the immigration application), despite having been married since 2011?

It's complex!

Anyway I appreciate any ideas you guys may have, sorry for the trouble

Related IRS publication: http://www.irs.gov/pub/irs-pdf/p54.pdf

[Hypnos 6,579]

Intentionally filing as single when you know yourself to be married would be illegal, so Don't Do That.

Edited June 9, 2014 by Hypnos

[zhongruige 0]

OKay thank you! Will definitely make sure not to

[pushbrk 13,683]

Hypnos is correct. Filing single when you're married is as illegal as changing lanes without using your turn signal. The difference is, the IRS has never penalized anybody for paying too much in taxes, or, (in your situation) penalized anybody for filing single when married, when no tax is owed anyway.

If, since you are married, your foreign income was below the income threshold requiring you to file, I would simply hand write in the applicable tax information section, "Not required to file. Income below threshold." and leave it at that. You'll be signing under penalty of perjury. No need for further explanation or notarization.

[zhongruige 0]

Thanks a lot pushbrk! That helps a lot. Wasn't sure if I would need to attach a letter and a copy of my foreign tax returns or not, since it mentions it in the directions.