They want to see if you're filing your taxes!!

[SabrinaJerome 52]

1 minute ago, Ash.1101 said:

The most current tax year in their eyes, is the most recent year to when they finally get to your file. This happens to people who AOS as well, say they send in their AOS in Dec 2015, and USCIS doesn't get to looking at their case until May or later, they get asked for 2016 even if they provided 2015. It's not most recent year of the time that you filed, but most recent year by the time they get to it.


Also, as other have stated, intentions on coming into the US on a tourist visa and AOS is fraud, but note that AOS requires the exact same thing for the I-864, so you could end up in the same pickle.

Right, yeah I see how that could happen to a lot of people now! That stinks. Thanks for that perspective.

Really I didn't see the point of the tax form, as I had enough assets to not have to deal with any income related issues. And since I gave them the 2015 form in December 2016...Feb 2017 lol... I thought it was enough.

I don't have a problem sending in my 2016. I actually filled it out already using software in March, just to see what my financial situation is with the IRS. When I saw that I could get a better refund filing jointly (of course) I decided to wait until my husband comes and gets his SS#.

I just wish I had realized that NVC needed it.... for what reason I still do not understand. 

I know, people, I knowwww if they say they need it, ya gotta give it to them.  But the lawyer in me says, WHYYYYYY. What is that going to show that would support or weaken my case? Is there something I'm missing here? Back to my original point... the agent told me the reason is that they want to see that you are filing your taxes. 

[Ash.1101 1,755]

4 minutes ago, SabrinaJerome said:

Right, yeah I see how that could happen to a lot of people now! That stinks. Thanks for that perspective.

Really I didn't see the point of the tax form, as I had enough assets to not have to deal with any income related issues. And since I gave them the 2015 form in December 2016...Feb 2017 lol... I thought it was enough.

I don't have a problem sending in my 2016. I actually filled it out already using software in March, just to see what my financial situation is with the IRS. When I saw that I could get a better refund filing jointly (of course) I decided to wait until my husband comes and gets his SS#.

I just wish I had realized that NVC needed it.... for what reason I still do not understand. 

I know, people, I knowwww if they say they need it, ya gotta give it to them.  But the lawyer in me says, WHYYYYYY. What is that going to show that would support or weaken my case? Is there something I'm missing here? Back to my original point... the agent told me the reason is that they want to see that you are filing your taxes. 

Nah I completely understand.

I think the most technical reason, would be that on the I-864 form it does ask for the most recent year, but it doesn't ask for  guesstimated income or projected, it asks for the AGI, which ideally you'd only have if you had filed taxes.  While the guys you talked too may not have thought about it, you could probably say that the 2016 tax return would be the proof for the AGI that was claimed to have been made. Since they're not asking you to fill out the I-864 again, they would just look at it and probably change it in the system themselves or have it as an attachment for the most recent year. If you had filled it out right now, using 2016 as the most recent tax year, you would have to provide the tax return as support to the AGI you claimed on item 19.a on the I-864.

The tax returns are technically support documents to the AGI claimed to have been made on items 19.

 

[jan22 2,898]

22 minutes ago, SabrinaJerome said:

Right, yeah I see how that could happen to a lot of people now! That stinks. Thanks for that perspective.

Really I didn't see the point of the tax form, as I had enough assets to not have to deal with any income related issues. And since I gave them the 2015 form in December 2016...Feb 2017 lol... I thought it was enough.

I don't have a problem sending in my 2016. I actually filled it out already using software in March, just to see what my financial situation is with the IRS. When I saw that I could get a better refund filing jointly (of course) I decided to wait until my husband comes and gets his SS#.

I just wish I had realized that NVC needed it.... for what reason I still do not understand. 

I know, people, I knowwww if they say they need it, ya gotta give it to them.  But the lawyer in me says, WHYYYYYY. What is that going to show that would support or weaken my case? Is there something I'm missing here? Back to my original point... the agent told me the reason is that they want to see that you are filing your taxes. 

But why would your husband arriving and getting a SSN in 2017 have any affect on your filing status for 2016 taxes?  

[JoannaV 173]

Paying taxes is the duty of a law-abiding citizen. If someone is evading paying taxes then that is a red flag that perhaps they might evade their responsibility to support the intending immigrant (especially after a marriage breakdown) despite financial ability to do so. So yes, they want to see that you are filing taxes as required.

[SabrinaJerome 52]

3 minutes ago, JoannaV said:

Paying taxes is the duty of a law-abiding citizen. If someone is evading paying taxes then that is a red flag that perhaps they might evade their responsibility to support the intending immigrant (especially after a marriage breakdown) despite financial ability to do so. So yes, they want to see that you are filing taxes as required.

Indeed! Evading!! Yikes!

 

That's why I sent 2015. Because I have always been a good 'Merikan - a public servant even. And I have always paid my taxes... ohhh have I paid taxes.

 

I would love to see the day when the IRS comes looking for me because they owe me $300 from 2011... because they did and I didn't file. Never heard a word. Funny that.

[arken 4,197]

44 minutes ago, SabrinaJerome said:

What form for Affidavit of Support is used for Adjustment of Status? Is it the same Form I-864?

If it is, Form I-864 says:
Item 18a: You MUST attach a photocopy of transcript of your Federal Income tax return for only the most recent tax year.

Item 20: I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this.

 

Or is it a different form?

 

I guess I'm thinking, if you didn't have to file, you didn't have to file. NVC can't change that.

Try to understand the statement correctly. It means "if your income is below the IRS required level which will typically be below poverty level, you don't need to file and you can just mention thag to NVC with proof and NVC won't ask for your 2016 return. In that case you will need joint sponsor anyway.

Based on your description, you earn decent money that you can support your beneficiary by yourself in which case you as a sponsor have to submit the 2016 tax return (docs or transcript) to NVC.

[SabrinaJerome 52]

14 minutes ago, jan22 said:

But why would your husband arriving and getting a SSN in 2017 have any affect on your filing status for 2016 taxes?  

Like I said, I wanted to file Married filing jointly, but you need his ITIN or SSN to do that. 

By the time I would get a ITIN he would already be here and have a SSN.

We were married in 2015, if that's your question... not sure. ("filing status")... did I answer your question? 

[ConOfficer 167]

Just file a letter stating you haven't filed taxes yet. NVC will accept.

[geowrian 22,335]

5 hours ago, SabrinaJerome said:

And besides, I didn't even need to show income since the bank account would've sufficed. Many people have written that they have not filed for the last x years and didn't need to file.

That's because they were not required to file. They needed to provide a letter explaining why they were not required to file. That's different from somebody who is required to file but has chosen not to do so (even if they are owed a refund). According to the IRS, there is no exemption for the requirement to file because you are owed a refund...they just don't have a penalty for doing so.

https://www.irs.gov/uac/do-i-have-to-file-a-tax-return

 

As for how USCIS treats it, they are requesting a 2016 tax return and you must supply it or a suitable explanation as for why you have not filed.

Quote

On the other hand, maybe we should just do what you're saying. He can just come in on his tourist visa and adjust status. I'm so done.

No, he cannot. That is clear immigration fraud. You cannot enter on a non-immigrant status with the intent to adjust. Do not do this.

 

2 hours ago, SabrinaJerome said:

Following an adjustment of status procedure is grounds for being deported? 

There's a huge difference between people who entered the US and adjusted status versus those who are entering the US with the intent to immigrate. AOS is permitted for the former whereas the latter is immigration fraud.

Edited May 12, 2017 by geowrian

[SabrinaJerome 52]

10 minutes ago, geowrian said:

There's a huge difference between people who entered the US and adjusted status versus those who are entering the US with the intent to immigrate. AOS is permitted for the former whereas the latter is immigration fraud.

I wonder how they can tell the difference.

[chamma 382]

6 hours ago, SabrinaJerome said:

No, because I didn't ask the IRS for an extension because they owe ME money. I have never had a problem filing late when the IRS owes me money.

I sent them my 2015 return which showed that I owed/paid the IRS.

I think the point here is not to ascertain what is right according to us.. but to follow USCIS rules and procedures to join our family.

I understand you still had time to fill in your 2016 return.. but the URL below section "Complete an Affidavit of Support form" will tell you what they are looking for...

 

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

[geowrian 22,335]

Just now, SabrinaJerome said:

I wonder how they can tell the difference.

That's CPB's job and they do at their discretion. Either way, it doesn't matter here since it's illegal to do. It is against VJ's TOS to condone illegal immigration activities.

[NikLR 13,220]

are you genuinely asking why you have to send them or just complaining that you do?

[SabrinaJerome 52]

6 minutes ago, geowrian said:

That's CPB's job and they do at their discretion. Either way, it doesn't matter here since it's illegal to do. It is against VJ's TOS to condone illegal immigration activities.

No one is condoning it.

Everyone is saying don't do it.

I asked how people can adjust status, and how an agent would decide.

[SabrinaJerome 52]

6 minutes ago, geowrian said:

That's CPB's job and they do at their discretion. Either way, it doesn't matter here since it's illegal to do. It is against VJ's TOS to condone illegal immigration activities.

No one is condoning it.

Everyone is saying don't do it.

I asked how people can adjust status, and how an agent would decide.