Need help with taxes I-485 SIMPLE QUESTION HELP PLEASE

[bahamamama234 25]

We are going to IRS now just to make sure, but he never got letter or anything from IRS telling him to file anything or saying he owe money, what is logic since his income was always so low...

[Ian H. 207]

If you will only file a return for 2013, you don't check box 13 in part 6, that only applies if you filed taxes for ALL of the past 3 years. On 13a,b,c , you can leave it blank as well. It's not worth to file a tax return for $50.

What you include for the I-864 is proof of his current income and the written statement where he says that he wasn't required to file taxes in 2011,12,13 because of his low income and attach a copy of the IRS exemption for each of those years. He only needs one written statement for the past 3 years, but a copy of the exemption for each year since the amounts change.

As long as you have a good joint sponsor, you will be fine.

[bahamamama234 25]

Thank you a lot, we just went to IRS, turns out they do have his W2'S, so for 2013 he had no W2. For 2012 he had one with the amount of 25 dollars and for 2011 W2's with the amount of 213 dollars.

They gave us the W2's for his last 5 years tho, and in 2009 he had a form 1099 MISC with ''non-employee compensation'' 8,560.00 and he did not filed for that year, question is.... Should he file for that year, and just after that we send all the AOS package, or we can simple file his affidavit of support only with the low income information for 2013 2012 2011, and later down the road he fill his 2009 tax year? Is it going to be an issue? (from 2008 before he paid all his taxes )

I am afraid we dont have time to fix his 2009 at time cause i have to send my package by friday, is it going to affect anything? The IRS people didn't told us if we had to file or not, they told us to look the W2'S and decide what to do

What they gave to us to show to USCIS is a paper saying: Wage and income transcript ''Form number:All forms'' ''No record of return filed''

Should I use it or just use the W2'S with low income for 2012 2011 and the explanation with the pages you sent me?

What should we do? Again thank you so much you are being of an extreme help in a time of need

[bahamamama234 25]

Oh my, my bad ! the year was 2009 not 2008 I realized I had only seeing the First page of his 2009 Wage and income transcript.

It is like that. 1 page Payer 'company ------, address''

Recipient''My husband his address''

Tax withheld : 0.00

Non-employee compensation : 8,560.00

and all the other things is :0,00

Direct sales indicator Not direct sales

Second Notice indicator No second notice.

Page 2 of 2 non employee compensation 1,100.00 (another company)

tax withheld 0,00

should then we file that tax year for him? Can we do so just after I send all my AOS package?

Does it has anything to do with USCIS and can affect me or my package since is 2009 and not 2013 2012 2011?

Edited October 15, 2014 by Jabuticaba 1

[Ian H. 207]

For 2009 he was self employed if he received a 1099 and if he files now he will be subject to pay those back taxes plus penalties and interest. Since he was required to pay SE taxes, he has to file for 2009.

You didn't mention 2010, so I assume he didn't work that year. You can file the taxes for 2009 whenever you want, it has no effect on the AOS. They only care about the last 3 years. You can just include the exemption from filing for the last 3 years, it's not worth to file taxes for such little amounts.

I mean you could file if you want a refund, but it may only be a few dollars. My brother made like $3k last year and only got $10 refund.

[bahamamama234 25]

what a relief, thank you so much, so It is ok If i send my AOS package, with his I-864 showing the W2'S with income under 300 dollars for 2012 2011, no income for 2013, write myself a letter with date and signature saying he was not legally required to file cause of low income (Do i have to notarize that letter?)

And not mention anything about 2009, and the USCIS will not bother us because of 2009 as well right? (IRS has register of 2009 1099 income, they are the ones that gave to us) just making sure they will not bother us cause he owe IRS money in 2009

And so I can send everything, and only file his 2009 taxes and fix it in january ?

[bahamamama234 25]

and in my husband g-325A when it asks for employment of last five years, in 2009 (last of the 5 years) should i hide those 2 companies he worked for that IRS has the register with 1099MISC or should i give that information?

[Ian H. 207]

You don't hide this info since you have to be truthful on all forms. They will not question whether he filed taxes in 2009 or not at all. USCIS only cares about the last 3 years. Besides on the G325A, they only ask what he did/does, not how much he made/makes.

[bahamamama234 25]

Will do that was all then

Thank you so much for your help, I really really appreciate it

[bahamamama234 25]

I have a savings account in my Home country besides my joint account with my husband here, the saving account in brazil , can I use to supplement his income and say we are going to transfer that money in our next trip to my home country?

in the I-864 part that says 'use principal immigrant income and assets, optional''

was just wondering, you dont have to answer that if you dont know tho, i appreciate all the help you already gave me

Edited October 15, 2014 by Jabuticaba 1

[Ian H. 207]

You're welcome.

You can use assets to supplement income. As the spouse of a USC you have to multiply assets 3 times to get the amount you need. For example, for a household of 2, you guys need to make $19,662 a year, if you don't have any income you would need at least $59k in assets.

If you have income, but it is below the poverty level you only need enough assets to cover the difference. So if you guys make let's say $15k a year, you would have a difference of about $5k, which means you only need about $15k in assets.

You can definitely use the assets if you have them, but you have to submit proof. Also, it's not necessary since you have joint sponsor, unless you happen to have $59k in your bank account then you wouldn't need a joint sponsor. The asset also has to be able of being converted into cash within one year without hardship or financial harm to you.

Therefore, as the intending immigrant, you can use any income/assets that are still available to you after having moved to the US.

[bahamamama234 25]

Nice got it, and just to make sure so if our co-sponsor makes 40 thousand a year and did not provided assets, only letter of income and w2's from 2013 is that enough for sponsor me?

[Ian H. 207]

That would depend on his household size. Is he married, does he have dependents or children, has he sponsored other immigrants before? He has to include any of these people as part of his household plus you. Therefore, he needs to make the amount required for that many people. For a household of 2, it's only about $20k a year.

He needs the tax transcripts for the last 3 years, proof of LPR or USC, and a letter of employment/current paystubs.

[TBoneTX 43,002]

An off-topic post has been removed.

[bahamamama234 25]

But I am here in a tourist visa and already in the country So I think they only need to show the tax from 2013 right?

Our sponsor is not married, never sponsored anyone, his house hold size will be me and him only, 2