AOS Tax Information, Explanation of Nonfiling

[Peardigger 0]

I'm the sponsor. I moved back to the US to start work in August, but I am using last year as the current tax year so I don't have to wait 8 more weeks for a transcript. I'll bring the newest taxes to the interview.

For Item 19 on the I-864EZ (Federal Income Tax Information), my situation is:

-- Most recent year filed using Foreign Earned Income Exclusion -- have transcript.

-- Second most recent year -- did not file because I made less than the required amount. I have a written explanation of that with that year's tax requirements. I did not receive any W2 from that employer because it was not in the US (as evidence of any income). I also have an official IRS verification of nonfiling.

-- Year before that was in the US, so I filed normally and have the transcript.

My questions are:

1. Must I check the box that says "I have filed a Federal tax return for each of the three most recent tax years" if I in truth, have not? I have read that I shouldn't leave boxes blank, but I have also read that I can check it anyway since I'm providing the necessary info even though I didn't file for all three years.

2. In the line about the year of nonfiling, do I list the low income on the line, even though I did not report it/file? Or do I write "not required to file -- see attached letter"?

Separate question: I read on the NVC Process page that I should fill in the residence address even if it is the same as the mailing address because people have received checklists for leaving this blank. My question is whether to fill it in with the identical address or write "same as mailing address" on the line.

Thanks in advance!

[mallafri76 1,012]

We're in a similar situation as you because my husband hasn't been required to file taxes for the past three years. Member NRL adviced us to leave the question blank and then write not required I file as per attached statement. Ticking the box means you have filed taxes, which you have not. It's a tricky question that one.

[Brewlin 52]

I'm at that exact spot. We will send in a copy of form 2555 (foreign earned income) to prove he was not required to file taxes, too low income. Hope that will work...We use a joint sponsor in the U.S.

[Peardigger 0]

Thanks for your input!