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insipidtoast

I-864 I didn't need to file a tax return for the 3 years

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I just read the thirteen pages of instructions on filling out the I-864. I am the petitioner for my wife, and I wasn't required to file a Federal income tax return in 2013, 2012 or 2011, because I didn't earn enough. The instructions say to attach a written explanation, stating that I did not meet the income requirements necessary to file a Federal income tax return.

Then on the I-864 form do I just leave Part 6 - Item 13 Unchecked? What about Part 6 - Items 13a, 13b, 13c ?? Just leave them all blank?

Aside from the written explanation, do I need to show any evidence at all as to how much I made or didn't make?

My dad is the joint sponsor, and will easily fulfill the income requirements on his I-864 form.


September 25th: I-130 Emergency petition filed at US Embassy in Lima.

October 3rd: I-130 Petition Approved.

October 10th: Consular Section sent checklist and notification scheduling my spouse's visa interview for November 13th.

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Filed: Citizen (pnd) Country: Germany
Timeline

For question 13 I myself am just going to leave it blank as in both the US and Germany I was unemployed and my husband's job wasn't bringing in even half the amount ($20k when married) in a year to be required to file. My uncle worked as an awesome CPA (Oklahoma's top-ranked) for years and said there was no need to file if we didn't earn enough in that one year...lots of people on here will tell you you have to file nonetheless, but it's not required by the IRS. Just provide your written statement as to why you didn't.

For 13 a.-c. enter $0, otherwise you'll get a checklist from them.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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For 13 a.-c. enter $0, otherwise you'll get a checklist from them.

Sounds like a poor decision. If you actually do have a Federal tax return (even though you weren't required to file), then putting $0 for total income, when in fact you have a Federal tax return that states any number other than 0 for total income, constitutes fraud. On the I-864 instructions, in the absence of an attached Federal tax return, they're not concerned about whether or not you filed, they're concerned about whether or not you were required to file.

In my case, I have recently filed Federal tax returns for all three years, even though I was never required to file, because it will result in a small check from the government. In order to avoid committing fraud, wouldn't it be best to just leave that section blank and attach the written explanation stating that I wasn't required to file a Federal tax return for all of the three years, because I didn't earn enough either year?

If I check the box at Part 6 - Item 13 then, according to the I-864 instructions, I will also be required to attach a Federal tax return transcript from the IRS, due to the fact that I filed late.

Isn't the US Embassy's Consular Section just trying to figure out how the beneficiary will avoid becoming a public charge? So, if I'm essentially stating that I don't meet the income requirement, then why would the Consular Section even bother trying to investigate my tax situation when I have my father as a joint sponsor who will solely fulfill the income requirement? I assume that's why the I-864 instructions suggest including a written explanation if I wasn't required to file, even if I did file. Why would they waste their time investigating my income when I admit that it's not enough?

Can anyone else confirm that it's best to just leave that section blank in my situation and attach the written explanation stating that I wasn't required to file, because my income wasn't high enough?


September 25th: I-130 Emergency petition filed at US Embassy in Lima.

October 3rd: I-130 Petition Approved.

October 10th: Consular Section sent checklist and notification scheduling my spouse's visa interview for November 13th.

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Filed: Citizen (pnd) Country: Germany
Timeline

Well I don't know what stands on your tax returns, but I didn't file because I literally made zero income, so that's what I assumed you were talking about, which is why I said enter $0.

You're original post said simply that you weren't required to file, so of course other users on here will also assume you didn't file, which you're now saying you did. In that case, just check the box on question 13 and enter the corresponding figures into 13 a.-c. Don't make it harder than it is. If you have a joint sponsor then there's no need to freak out.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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I understand. It's probably best to include the information anyway, since I have it. You never know when an official wants to ruin your day.


September 25th: I-130 Emergency petition filed at US Embassy in Lima.

October 3rd: I-130 Petition Approved.

October 10th: Consular Section sent checklist and notification scheduling my spouse's visa interview for November 13th.

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The question asks whether you filed, not whether you were required to file. You filed, so check the box to indicate this and fill out the section as instructed.

(I think you got mixed up in the instructions, as the paragraph on not having filed includes a section about those not required. The question in the form is more straightforward for your situation.)

Edited by awaywego

2012: Married
2014 2016 2017: I-130 packet direct to Frankfurt

Frankfurt's "steps" to DCF:

Step 1: I-130 Petition Checklist (PDF, from their USCIS page)

Step 2: Immigrant/Fiance(e) & K-Visa Applicant Checklist (PDF, from their Appointment & Interview page)

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