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USA_Vietnam

i-864: Need to include immigrant's tax returns?

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I am filing i-864 to sponsor my wife's adjustment of status for a green card. I'm only including my income on the form, not hers. (My income is high enough, and it's simpler.) I know that I must include at least one year of my federal tax returns as backup. However, the attachment check list also mentions the immigrant's tax returns. Is the most recent year of the immigrant's tax returns required, or just if the immigrant's income is being considered as part of the application?  

 

The checklist includes these two items, under a section that applies only to "SOME sponsors""

 

  • Proof that the intending immigrant’s current employment will continue from the same source if his or her income is being used.
  • A copy of their individual Federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. You may submit this information for the most recent three years if you believe it will help you qualify.

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32 minutes ago, USA_Vietnam said:

I am filing i-864 to sponsor my wife's adjustment of status for a green card. I'm only including my income on the form, not hers. (My income is high enough, and it's simpler.) I know that I must include at least one year of my federal tax returns as backup. However, the attachment check list also mentions the immigrant's tax returns. Is the most recent year of the immigrant's tax returns required, or just if the immigrant's income is being considered as part of the application?  

 

The checklist includes these two items, under a section that applies only to "SOME sponsors""

 

  • Proof that the intending immigrant’s current employment will continue from the same source if his or her income is being used.
  • A copy of their individual Federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file. You may submit this information for the most recent three years if you believe it will help you qualify.

if you are doing your wife's AOS there is probably little chances she had EAD by now and filed for a tax return. Since you do not have a timeline, hard to tell you a straight answer.

 

My wife has been here 5 months and we send AOS just with my tax returns, no EAD so no tax returns from her by now. Her tax returns will be available if she worked first in February 1, 2019


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

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Just the petitioners tax returns are needed since you are the sponsor.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif     

 

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2 minutes ago, Alabamak1 said:

if you are doing your wife's AOS there is probably little chances she had EAD by now and filed for a tax return. Since you do not have a timeline, hard to tell you a straight answer.

 

My wife has been here 5 months and we send AOS just with my tax returns, no EAD so no tax returns from her by now. Her tax returns will be available if she worked first in February 1, 2019

She has an F1 and does have 2016 and 2017 federal tax returns. I just want to know whether to include them. I'd prefer not to include them if they're not necessary.

 

I'm new but I'll create a timeline. Thanks!

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2 minutes ago, USA_Vietnam said:

She has an F1 and does have 2016 and 2017 federal tax returns. I just want to know whether to include them. I'd prefer not to include them if they're not necessary.

 

I'm new but I'll create a timeline. Thanks!

That is little out of my expertise there. I will leave this one to someone else. Good luck.


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

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Just your income and tax return would be enough. Even if you intend to use your spouse’s (intending migrant ) income you need not attach her tax return. In my experience, I included my income since I am a PhD student on an F1 visa. I only attach a proof of cohabitation (bills with both of our names on it) and the uscis regulation stating the intending migrants income could be included if it was lawfully earned .I did not include my tax return since it was not required and also because I mistakenly claim a tax credit (education tax credit) which I wasn’t eligible for. I would be amending my taxes in the future since my tax return would be required while applying for citizenship.

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1 minute ago, 4rmGhanaliveinATL said:

Just your income and tax return would be enough. Even if you intend to use your spouse’s (intending migrant ) income you need not attach her tax return. In my experience, I included my income since I am a PhD student on an F1 visa. I only attach a proof of cohabitation (bills with both of our names on it) and the uscis regulation stating the intending migrants income could be included if it was lawfully earned .I did not include my tax return since it was not required and also because I mistakenly claim a tax credit (education tax credit) which I wasn’t eligible for. I would be amending my taxes in the future since my tax return would be required while applying for citizenship.

OK, my wife also mistakenly took a wrong tax credit. She has recently filed an amended return, but I'd rather not include that in case it looks sloppy. I will just include mine if that will work. (And yes, we do have other documentation, like a lease and bills.) Thanks. 

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6 minutes ago, 4rmGhanaliveinATL said:

Exactly.for what’s worth ,  I received my ead last week and my case status is “ready to be schedule for an interview “. If you don’t mind ,can you tell me the procedure in amending taxes ?

For amending taxes, you'll need to file 1040x for both state and federal taxes. When you file the corrected federal return, make sure to use form 1040NR and 8843 if you were a nonresident alien. (Turbotax won't let you file these forms. You may need to file on paper.)  

 

See here: https://www.irs.gov/individuals/international-taxpayers/taxation-of-nonresident-aliens

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IOs have been reluctant to even accept an intending imigrant's income earned on an F-1 visa. The income must continue from the same source upon being granted permanent residency. Student income is likely not to satisfy this.

NOTE: OPT is often treated differently.

 

No, you are required to include the intending imigrant's income anyway. You only have to include the income you want to use to meet the requirements.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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