questions about form I - 864 affidavit of support / I 485 Package

[salamjamal10 0]

Hi,

I am filing form I 864 Affidavit of Support and I have few questions noted below that I need your help with:

1. I didn't file tax return on 2012 because I didn't work and I was at university. Do I need to provide a proof that I was a student?? How can I prove that I wasn't working?? and what the statement should look like??

2. for questions 18 a / part 6, what should I answer? I filed tax return for 2014 and 2013 but not 2012 because I wasn't working; I was a student

3. for question #20, do I need to check that box, and if so what the evidence should look like for the year of 2012 since I didn't file tax return because I didn't work and was a student?

4. What are the supporting documents that I need to submit along with this form? Please list all of them

[usmsbow 795]

1. You don't need to prove you were a student. You just can write that you were a student.

2. Check the No box since that's the truth.

3. Sounds like yes, you do need to check the box. The instructions make it clear and simple:

If you were not required to file a Federal income tax return under U.S. tax law because your

income was too low, attach a typed or printed explanation

4. The tax transcripts for years you filed returns (2013-2014). Pay stubs from current year. Employment letter if you switched jobs this year and your income is different than before.

And for future reference, you should post AOS-related questions on the AOS forum and not K-1 since you are past that now.

Edited to add: but I'm not sure if you are filing for Adjustment of Status, since you haven't filed out the timeline. Please do so to make it easier for others to give advice.

Edited August 21, 2015 by usmsbow

[salamjamal10 0]

I am still confused about question #20 part 6 because they are not specifying the year they are asking about. Are they asking if I was not required to file tax return for any of the previous years, or they are asking about the recent year.

Also, I think I only need to attach a copy of my recent year transcript, not as what you said for 2013 and 2014.

Please answer my questions if you are 100%

Thanks

[usmsbow 795]

Yes, you only NEED to provide your most recent tax transcript. You also do not NEED to provide any other documents that I listed. Sorry for not taking you literally. I thought you were asking what should you send to minimize your chances of a RFE.

Edited to add: As for box 20, ok, go with what you think is right. If you're wrong, the worst outcome you'll have is a RFE. There are worse fates in the world. I figure better to check the box though to cover all your bases. Less likely to get a RFE.

Edited August 21, 2015 by usmsbow

[salamjamal10 0]

1. in the form itself they are clearly saying under question 18a "Note: You MUST attach a photocopy or transcript of your federal income tax return for only the most recent tax year"

so of course I am going to follow the instructions in the form, and will only send for last year.

2. Where do I need to write that I was a student?? and in what format??

and please take my questions seriously as I am here to seek help ...

Thanks for understanding!

[KayDeeCee 4,891]

If you did not file one of the three years, then you check the box for #20 and enter N/A for the Total income in #19c. You include a statement as to why you were not legally required to file, since your income was too low because you were a student. That is it.

From the instructions, Page 8>

...

If you were not required to file a Federal income tax return under U.S. tax law because your
income was too low, attach a typed or printed explanation.

...

NOTE: Do not leave the boxes for Item Number 19.a. blank. Print or type the most recent tax year and your total
income for that most recent tax year. If the amount was zero, enter “zero” or if you were not required to file a Federal
income tax return enter “N/A” for not applicable.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

[salamjamal10 0]

If you did not file one of the three years, then you check the box for #20 and enter N/A for the Total income in #19c. You include a statement as to why you were not legally required to file, since your income was too low because you were a student. That is it.

From the instructions, Page 8>

...

If you were not required to file a Federal income tax return under U.S. tax law because your

income was too low, attach a typed or printed explanation.

...

NOTE: Do not leave the boxes for Item Number 19.a. blank. Print or type the most recent tax year and your total

income for that most recent tax year. If the amount was zero, enter “zero” or if you were not required to file a Federal

income tax return enter “N/A” for not applicable.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

Hi Thanks for your response!

Can you please provide me with more details about how the statement should look like. Can you provide me with a sample format for the statement that I should write about being a student? Any specific format that I need to follow?

[salamjamal10 0]

Can someone please answer my question

Can you please provide me with more details about how the statement about being a student in 2012 should look like.

Can you provide me with a sample format for the statement that I should write about being a student in 2012 to attach with my I 864 form as to why I didn't file for tax return in 2012? Any specific format that I need to follow?

[usmsbow 795]

You're overthinking this. "I was a full time student in 2012, and did not have any income, so I didn't file a tax return." That's really all you have to write.

[KayDeeCee 4,891]

Can someone please answer my question

Can you please provide me with more details about how the statement about being a student in 2012 should look like.

Can you provide me with a sample format for the statement that I should write about being a student in 2012 to attach with my I 864 form as to why I didn't file for tax return in 2012? Any specific format that I need to follow?

There is no example or format. It is a statement by you as to why you were not required to legally file that year. You were student and your income was zero or below the required IRS income filing threshold, so therefore you did not file that year. Write it out however you like. It is your statement of explanation.

[FherJess 15]

There is no example or format. It is a statement by you as to why you were not required to legally file that year. You were student and your income was zero or below the required IRS income filing threshold, so therefore you did not file that year. Write it out however you like. It is your statement of explanation.

Typing the letter, signed and dated is acceptable, correct?

[KayDeeCee 4,891]

Typing the letter, signed and dated is acceptable, correct?

Correct. As with any attachment sheet, you should include your A#, the form number, page number and question number you are adding the statement/attachment for at the top of the page.

The new I-864 form edition now even includes places at the end of the form for attachment/supplement/extra space and details, Part 11 on Page 12.

Edited August 24, 2015 by KayDeeCee

[salamjamal10 0]

So instead of attaching a new sheet for my statement, I can add what I want to write on the statement to the last section of the form you mentioned that is on the last page. Is that correct?

And the part number is going to be # 6 item 20 ??

[FherJess 15]

Correct. As with any attachment sheet, you should include your A#, the form number, page number and question number you are adding the statement/attachment for at the top of the page.

The new I-864 form edition now even includes places at the end of the form for attachment/supplement/extra space and details, Part 11 on Page 12.

Great, thank you Kay!

I was looking at the older version of I-1864 (the one that expired 3/2015)

[salamjamal10 0]

Plz clarify my concern in my post above