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imahappycamper

Can I get an AOS checklist for this

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Filed: Timeline

Does anybody know if I can get a checklist for placing in the AOS form that I work as a freelancer and annual income of $15000 (I placed this as an estimate, I didn't make anything close to that) and didn't file for taxes. The rest of the financial information on the i864 form is blank since I didnt file for taxes and don't have any assets to declare. I just graduated in March 2014 (I sent a copy of the degree issuance in progress along with all the documents). I would have to file for those $15000 in April of 2015, right? Will they assume that I've been making $15000 for all these years? I have a joint sponsor that covers the 125% poverty line. A little background.... I've been living in Argentina since 1995 and never filed for taxes because I've been a housewife/student. I'm just worried that I'll have to wait another 60 days because of a dumb error.... I have a scan date of November 18th (everything is in PAID status and all online forms are COMPLETE).

P.S. I've been calling NVC and as usually it has a busy signal.... I'm going to keep on trying till I get through and then wait for an hour listening to the lovely music.

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If you have a joint sponsor why did you lie on a legally binding contract?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: China
Timeline

It's called a misinterpretation. Lying would be if you purposely did it to achieve something. That doesn't answer my question...

misinterpretation is the same as lying in the eyes of USCIS,NVC and the VO during the interview.

First rule is to NEVER lie or as you say misinterpretation on a visa application.

IMO: A check list is very possible and if NVC don't catch it the VO during the interview will!

A check list is the least of your problems for you have misrepresented yourself on a legal and binding contract.

Good luck my friend.

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On the one hand, you say $15,000 was an "estimate". On the other, you say you "didn't make anything close to that". Do you mean that you expected to make around $15,000/year in the time after you had filled out the I-864?

I have always found form I-864 confusing in that it seems to conflate past and present income (for example, the idea that if you are working in a certain way now, then that should be reflected in last year's return.) I hope others on this site understand it better than I and can explain it to you. In my case, my future amount of income was uncertain, and I had other ways to meet the requirements, so I put $0 and attached a letter of explanation along with evidence that my job situation is changing... so far so good (case complete; waiting for interview to be scheduled; YMMV).

In the instructions they say, if you do not include last year's tax return because you did not have to file it, to include instead a letter of explanation. Did you? What did you tell them in this letter?

As for if you will receive a checklist, is there any better answer than "wait and see"? Regardless of if this comes up as a checklist or in the interview, you need to be prepared to explain yourself (and possibly give documentation) about the following things:

- what is your actual income?

- why did you not file a tax return last year?

- why did you fill out the I-864 in the way that you did?

Be aware that you need to file a 1040 for every year where you had earnings of at least $400 from self-employment.

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