AOS RFE I864 - Federal Tax Info

[FLGators1 1]

Hi Guys,

My husband is filling out the i864 for my adjustment of status. Part 6 -13 is asking him to tick a box saying he has filed a federal tax return for each of the past three years.

He has only been working since May 2013. I know it only asks for the last years transcript but I don't want him to tick something that isn't true.

His father is joint sponsoring me. Will it show that he was a dependent on his fathers transcripts?

HELP!!! Very confused.

K, x

[MoandIrene 1]

If he only filed 2013, then that is all you tick. Do not tick anything else. If his father is JSing you, then it should be ok. If his father claimed him as a dependent, then it will show. But all they want to see is the return, that's it. Do tick what is not there.

[FLGators1 1]

Ok...he didn't actually file anything but he did receive a tax back cheque this year. Does that mean it was filed for him or is this a bad thing?

[Nich-Nick 3,354]

He did not file for the last 3 years, so he doesn't tick the box. He will need to write a statement saying why he didn't file in 2011 and 2012. If he earned anything, he should state the amount....ie, "In 2012, I earned $123.45 and was below the income threshold for filing a tax return. In 2011 I was a full time student and earned $0.00 income...something like that. See the instructions for the form. It explains the required statement under the tax return discussion.

[Nich-Nick 3,354]

I assumed you meant he didn't file for 3 years, but only 1 year. Are you saying he did not file this year for 2013? He worked 7-8 months. If his income was over $10,000 for calendar year 2013 he would file. He wouldn't get a tax refund without filing.