Desperate for help with I-864 and tax, income asset, sponsor issues

[Ishmael J. 0]

Hi!

Our I-130 app was approved in late April, and my wife (Japanese) and I (American citizen) are in the process of putting together the various documents needed for the NVC process. Unfortunately, I haven't filed taxes in the US in a number of years and I'm very concerned that this is going to derail our application process. Looking for any help you can offer on overcoming the following obstacles!

For tax year 2015 I made 25,000 in Japan and 5,000 in US. I filed for an extension to file my US taxes and will hopefully be submitting in the next week. I am also planning to get taxes filed for at least 2013 & 2014 ASAP. During those two years I was over the minimum to file but well under the line for taxable foreign income.

First question: is it absolutely necessary to have filed all three previous years before submitting the I-864? I know that it is possible to check "no" on line 18.a. ( i.e. Have you filed a federal tax return for each of the past three years). But is a "no" on this line an automatic red flag for the reviewers? Is this really only acceptable if you are also able to check line 20 and provide evidence that you were under threshold requiring you to file? If you have a joint sponsor are they willing to overlook issues with petitioner tax records?

As I made 30,000 in 2015 our app would be over the poverty line for a household of 3 for that year. However, my Japanese income for 2015 is no longer continuing at that level and my current US income is below poverty line (graduate student). My income for the two previous years was also below poverty line.

Second question: Would my income for 2015 alone be sufficient for the review process? Or will additional measures (assets, joint sponsor) be required?

Many thanks in advance!!!

[Penguin_ie 5,994]

***** Moving from AOS- Adjustment of Status- to CR-1 spousal visa forum *****

1. Yes you will get an RFE, unless you were not required to file (such as being unemployed).

2. No; your income must be current and ongoing, and your Japanese income will stop when you move back to the USA. So you will need to add assets to any US based income you have and thta will continue, or get a co-sponsor.

[Ishmael J. 0]

Thanks for moving to appropriate sub-forum! And for the kind responses!

Ok. So all three years will be needed it seems. Should I submit past three years and wait for them to be processed, then acquire tax transcripts before submitting I-864? Or should I just submit 1040s and take the chance of an RFE?

[Rc123rc 528]

I would file the 3 years and get a transcript. That way, your RFE won't be for the paperwork, something you need anyway. The RFE would then be for being under the guidelines instead or needing a co-sponsor.

[Ishmael J. 0]

Thanks!

I am planning to file with a co-sponsor anyway as it seems most fail-proof.

Waiting for the transcripts seems like the best option, but I've read that it can take 10 months for late tax transcripts!! Really don't want to wait that long.

[Rc123rc 528]

I don't know about the length of transcripts. A tax consultant could probably give you a better answer. You probably need one anyway to make sure you get the filings right the first time. You don't want to be going back and forth with the the IRS. Turbo Tax might help you get everything you might need up front and give you an idea of result but you have 3 years so maybe not cost effective.

[Ishmael J. 0]

Hmm....my understanding was that transcripts are only recommended, not a requirement, no?

[Rc123rc 528]

Hmm....my understanding was that transcripts are only recommended, not a requirement, no?

The only reason I said transcript is because anyone can fill out a blank 1040 and sign it and submit. Of course when it's checked they would know it's not been filed. I'm not saying he would do that. I am more worried about the IRS red flagging him for an audit, penalties and interest and delaying him for months and months until they settle everything. I submitted 1040 forms myself but I also got the transcripts to make sure my tax returns exactly match what is on file with the IRS.

[Ishmael J. 0]

Thanks! Really hoping that the IRS does not want to waste their time with me!

OK. So this is what I am planning. Please let me know if this sounds alright......

I will file this years taxes as well as previous two years ASAP. I will note annual income as reported for each of those three years on lines 19.a, b, and c of I-864. I will check "yes" on line 18a, since I will have then filed for previous three years. I will also include only copy of submitted 1040 for 2015.

Does this work?

[Rc123rc 528]

Thanks! Really hoping that the IRS does not want to waste their time with me!

OK. So this is what I am planning. Please let me know if this sounds alright......

I will file this years taxes as well as previous two years ASAP. I will note annual income as reported for each of those three years on lines 19.a, b, and c of I-864. I will check "yes" on line 18a, since I will have then filed for previous three years. I will also include only copy of submitted 1040 for 2015.

Does this work?

Yes. As long as you filed, I'd get a certificate of mailing if I were you, then you should be OK.

[Ishmael J. 0]

Thanks!

But I was just looking over the instruction sheet and found this....

"If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late ling before submitting Form I-864. "

Yikes. Looks like they do want transcripts.

[Rc123rc 528]

Thanks!

But I was just looking over the instruction sheet and found this....

"If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late ling before submitting Form I-864. "

Yikes. Looks like they do want transcripts.

Yup... Probably why I said you'd need transcripts. Back of my mind was telling me that they would be looking for official documents from the IRS for the previous years. I was looking at this thread and had a mini panic attack and went looked at my transcripts to see if they exactly matched my 1040s I sent since I had multiple filing options for my situation. lol.. I'm OK. I guess you have some work to do So plan is:

1) File the back taxes ASAP

2) I think you said you filed a 2015 extension, if not, file that then file actual taxes.

3) Make sure you get certificate of mailings or file electronically is you can.

4) Clear all concerns the IRS might have. I think you'll be OK.

5) Get your transcripts.

6) Keep multiple copies of everything!!

Good Luck!

[Ishmael J. 0]

Thanks! But bummed to learn I need the transcripts...

Yes. That is the plan of attack. Just need to get back to Japan first so I can get income info.

[Rc123rc 528]

Thanks! But bummed to learn I need the transcripts...

Yes. That is the plan of attack. Just need to get back to Japan first so I can get income info.

Take me with you! My Fiance is in Japan and we are waiting on a K-1 NOA2. I miss her.

[babycakez 5]

I actually got the same question. My other half whos the USC has not file tax for 2016 yet as he got automate extension for being oversea, but he will file by the end of this month. Since we are going to get married this week (yay!) should we wait for him to file his 2016 tax first before we send out the AOS package? or wait until we get the RFE? because i wanna get the EAD and AP combo card asap just wondering if that would affect the process, thanks!