i864 question, Haven't filed last year taxes!! Help!

[aa6587 0]

Few questions regarding i864:

Sponsor who is filing for mom and wife has filed taxes for 2012,2011,2010, but not 2013. What to write on Part 6, Sponsor income and employment; 13a (most recent year), should i write 2012 as most recent year? or 2013? However, 2013 would be a lie because it says 'adjusted gross income on IRS FORM 1040EZ) which was never filed. This is very tricky, sponsor can file taxes soon or with 2014, however immigration forms needs to be sent this week. Annual income is around 90k, i can include paycheck stubs for 2014 and a letter to explain that taxes were not filed in 2013? if that would help.

Secondly, he's filing for mom and wife separately, on separate visas, so he will not put wife's name on parent's i-864 (part 3) (if parent is the principal immigrant) and vice versa. It seems like the right way to it, i just need confirmation.

Thanks a bunch!

Edited December 22, 2014 by aa6587

[Neonred 3,576]

find a better sponsor

[Penguin_ie 5,994]

You need 2013. She can backfile.

[j&ana 363]

If this is the only option you have. you could try to use 2012 tax form. I am almost certain you will get a checklist for the 2013 tax year. your sponsor can back-file most likely he will have to pay penalty. It will of been so much better if you will of plan ahead research find out if everything was in order had backup plan in case. This is not something where you are only giving a day notice.

[aa6587 0]

Should i write 2012 as the most recent tax year? once this is sent, taxes for 2013 will be filed and when and if they send a RFE for 2013 tax returns, i'll send them that, it'll give them enough time to prepare for it. He has to pay late fee there is no other option.

Secondly, the question 13. on PAGE 5, Which goes 'i have filed taxes for the last three years...' should not be checked, right?

Should i include pay check stubs for his 2014 income to help the case?

[Leo7777 243]

After extensions, absolute last day to file 2013 taxes is October 15, 2014.

[Dave&Roza 748]

Should i write 2012 as the most recent tax year? once this is sent, taxes for 2013 will be filed and when and if they send a RFE for 2013 tax returns, i'll send them that, it'll give them enough time to prepare for it. He has to pay late fee there is no other option.

Secondly, the question 13. on PAGE 5, Which goes 'i have filed taxes for the last three years...' should not be checked, right? Depends on wether this person is going to file 2013 or not. If not, then do not check this box, but I wuld get another sponsor if that is the case.

Should i include pay check stubs for his 2014 income to help the case? Yes, you should include pay stubs AND a letter from his employer stating position, salary, and type of position (i.e. contract, permentant, temporary, etc)

No, 2013 is the most recent tax year. I woould have your sponsor back file their 2013 taxes and get their account up to date. Once the IRS processes the tax return, have this person obtain an IRS tax transcript. Once you have the 2013 tax transcirpt file your AOS package--there is no dead line for filing other than the immigrant spouse cannot travel internationally and re-enter the US nor can they legally work. Once the I-94 expires they will be considered out of status and could be detained if they encounter a CBP person if they get close to one of the borders. Your other option is to file without the 2013 tax return and expect an RFE for it, but by then your co-sponsor should have filed and the IRS processed their 2013 tax return. Other option would be to find another co-sponsor.

Good luck,

Dave