Questions 13 and 14 on Form I-864

[mirrortraveler 1]

Finally done with 99% of my AOS package. Wow, this has been a headache!

Anyways, quick question about the I-864 (again!).

My husband didn't make enough to file taxes until 2013 and hasn't filed for 2014, yet. So I'm including an IRS tax transcript for 2013, pay stubs, bank statements, and possibly at W-2 if needed.

For our co-sponsor I'm providing tax transcripts for the past 3 years and W-2's for the past 3 years so they can see what she made individually as opposed to her total household income which includes her husband's who isn't a sponsor.

Anyways, in my husband's case I guess I can't check question 13 ("I have filed a federal tax return for the each of the most recent tax years. I have attached the required photocopy or transcript of my federal tax return for only the most recent tax year") even though the last sentence is true. And question 14 ("I have attached photocopies or transcripts of my federal tax returns for my second and third most recent tax years.") doesn't even apply.

So for him, I should check neither, right? But what technically applies to my joint sponsor? Should she check both questions 13 and 14 or omit question 13 as she has filed a tax return for the three most recent years but not just provided transcripts for the past year but the past 3?

Thank you in advance!

[KayDeeCee 4,893]

For your husband, he won't check it, but write in the space below it something similar to what you will write above #13a-c. Such as, 'Did not file 2 out of 3 years-Income too low-See attachment'.

The joint sponsor will check both because she needs to check #13, and #14 is an optional choice she is choosing.

[mirrortraveler 1]

Is it alright if he simply puts "Did not file" in the spaces provided under 13.b. and 13.c.?

[KayDeeCee 4,893]

Yes. Just have the statement included as to why he legally did not have to file.

[mirrortraveler 1]

Will do. Thanks!

[KayDeeCee 4,893]

You are welcome. I hope it all goes smoothly for you.