Need help with taxes I-485 SIMPLE QUESTION HELP PLEASE

[Ian H. 207]

It's best if they submit the transcripts for the last 3 years, it makes things easier. You guys don't have to because your husband didn't file taxes for the last 3 years.

Therefore, your joint sponsor should get his tax transcripts, which he can do online for 2013, 2012, 2011. He needs proof of USC or LPR and a letter of employment or most recent paystubs. He needs his own I-864, since he isn't married and has no other dependents and such, then it's only him and you for a HH size of 2 people. He needs to make at least $19,662, as long as he makes that or more he will be fine as a joint sponsor.

You guys need your own I-864, and you need an I-864A if you will be using your assets.

[Pitaya 2,576]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from tourist visa~

[bahamamama234 25]

Do you happen to know if my husband needs to notarize the statement saying why he did not paid taxes? Or just attaching the proof from IRS that he did not needed to file is enough?

Also, that statement, can be a simple explanation with words made on the word or is there a format?

[Ian H. 207]

When I did this for my cousin I told her to get it notarized just in case, but I don't think it's required. We only did it because it's only $2 to get something notarized in NY. You NEED the written statement AND the IRS publications. The only time you need the written statement and not the publications is when you didn't file taxes because you had no income whatsoever.

You basically want the statement in letter format, nothing special. The date on top, to whom it may concern, and basically say

"Per the instructions of the I-864 I am writing this statement to certify that I, husband's name, didn't file federal income tax returns for such and such tax years because my income for each of those years was below the filing threshold. I am attaching copies of the IRS publications that exempt me from filing federal tax returns for the tax years in question." sincerely, husband's name, signature.

[bahamamama234 25]

Here is my only concern I heard that if i dont check the box saying ''''i have filled a tax return for the prior 3 years'' USCIS dont even read the statemant and denies my husband I-864

So can I check that box, don't mention prior years and only write ''see attachment'' and there will be my husband's statemant, and the 2013 wage and income transcript from IRS that says ''tax period requested'' DEC 2013 Form Number:ALL FORMS . No record of return filed

Cause 2012 and 2011 are optional years to talk about right? So I can check the box that says ‘’ I have filled a tax return from the 3 prior years’’ DON’T TALK ABOUT 2012 AND 2011 and only give the 2013 transcript and statement?

What you think about it?

[Ian H. 207]

They can't refuse to accept the I-864 for not filing taxes that he wasn't required to file. That's why they ask for the written statement. They have to follow their own rules. If you check the box, then you may have issues because they will think that he did file taxes for those years.

You can only check that box IF he filed taxes for each of the last 3 years, but he didn't. They can't ignore the written statement, and don't "hear" what everyone says since some people don't know what they're talking about. If it would make you feel better, you can put the written statement on top of the I-864.

Just be sure to have everything in order. You need your I-864 and the supporting docs together with a paper clip, then your joint sponsor's I-864 with his supporting docs with a paper clip right after that. As long as everything is neat and in order, you won't have an issue.

My cousin didn't file taxes for the last 3 years, for her it was 2012,11,10, and she only filed in 2010. Therefore, she needed the same thing as you like the written statement. I prepared her husband's paperwork all by myself and only told them what to give me, their NVC process lasted less than a month with no checklist.

So as long as you follow the instructions on the forms to the letter and include what they are asking for, you will not have any issues.

[bahamamama234 25]

Oh what a big relief Thank you so much, I am glad to know your cousin's application went well

Again, I appreciate deeply all your help, literally could not have done it correctly without all your advise

[Ian H. 207]

You're welcome.

[Ian H. 207]

You're welcome.

[bahamamama234 25]

I gonna type now two formats of what I was thinking in writing for statemant, Your advice would be more than welcome in which one to go ahead with

Me, husband name, was not legally required to file a tax for the year of 2013 because of ZERO income. I DID NOT received any W2’S/1099 or any other type of income for the year of 2013. I was still associated with the acting Union SAG-AFTRA but I did no roles in the movie industry in the year of 2013 so I did not got paid, didn’t earned any income at all.

Attached is the proof from IRS , my IRS transcript, showing that there is no registry of any type of income or W2’S/1099 in 2013 and I was not required to file for that tax year. I was living with my mother in the year of 2013 because I did not earned any type of income.

Attached as well, is the transcript from IRS showing that in 2013 to be legally required to file for that tax year, for a single person under 65 years old (what was exactly my status in 2013) My gross income should of had been at least $10.000. My income in 2013 was ZER0 dollars so I was not required to file a tax for that year.

In 2012 and 2011, I had very low income. To be legally required to file a tax for those years I should have had an income of at least 0000 in 2012 and 0000000 in 2011. Since my income was way under the threshold, I was not legally required to file a tax for those years as well. I am attaching the IRS transcripts with proof that my W2’S stated very low income for 2012 and 2011.

I certify, Under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.

______________________________________________________________________________________________________________________________

OR

In the tax year 2013, my total earnings for 2013 were $0 (zero dollars). That falls bellow the threshold of $10.000 for an unmarried person under 65 year old to file a tax return. I was not married until august of 2014 so was single for tax year 2013.

I can not submit a 2013 tax return because I did not filed one, nor was I legally required to file by the Internal Revenue Service (IRS).

In the tax years 2012 2011, my income was low and under the threshold for those years as well. Attached is the IRS transcripts showing the proof of my low income with W2'S form and the document showing the threshold for those years.

[Ian H. 207]

This is good, I corrected it for you. I also will upload a sample letter for you. This is how I wrote the one for my cousin, it doesn't really matter as long as it is clear why you didn't file.

In the tax year 2013, my total earnings for 2013 that year were $50 (zero dollars). That amount falls well below the filing threshold of $10.000 for an unmarried person under 65 years old of age, to file a tax return required by the IRS. I was not married until august of 2014 so was single for tax year 2013. My filing status for 2013 would have been Single since I did not marry until 2014.

I can not submit a 2013 federal income tax return because I did not filed file one, nor was I legally required to file one by the Internal Revenue Service IRS.

In the tax years 2012 and 2011, my income was well below and under the filing thresholds for those years as well. Attached is are the IRS transcripts showing the proof of proving my low income along with the W2 forms. and the document showing the threshold for those years. I am also attaching proof from the IRS regarding my exemption from filing.

sample letter.doc

Edited October 16, 2014 by Ian H.

[bahamamama234 25]

I am not sure we have a tax exemption tho?

I think our case is that there was no enough income to trigger a tax liability?

What we do have is the W2'S forms that IRS gave us showing very low income

and for 2013 there is a form saying there is no records of income or w2's forms

here is what i read :

#7. Don't Overreact If No Prior Tax Returns. Line 25 of the I-864 asks the sponsor to indicate whether he or she will be submitting only the last tax return or one from the prior three tax years. The sponsor must still indicate what he or she reported as total income for those three prior years. This presumes, however, that the sponsor had a tax liability. The regulations and step-by-step instructions explain how the sponsor who did not earn sufficient income to trigger a tax liability may submit a separate statement explaining that.

Presumably, there would be no additional proof required, given that it would be difficult for the sponsor to establish that he or she was unemployed for a certain period. But if the sponsor is claiming a tax exemption, he or she must submit a "written explanation including evidence of the exemption and how [the sponsor] is subject to it."

[bahamamama234 25]

Oh i got it, i think in 2013 he had no tax liability, cause he had 0 INCOME it was not 50, the IRS forms came with 0 income for 2013

and so in the years 2012 and 2011, he had a tax exemption cause of low income right?

I got it I got it !!

[Ian H. 207]

Oh ok, because I thought you mentioned previously that he made $50 in 2013. But if he had no income in 2013 just edit the letter to mention no income for that year and he was exempt because of no income.

Yes, for 2012 and 2011, he was exempt because of low income.

[Ian H. 207]

The fact that you are exempt from filing a return means that you have no tax liability. When you are employed, your employer is responsible for withholding taxes from your paycheck. If you are self employed, you always have to file a return if you made more than $400 in net earnings.