aos package (merged threads)

[LirikVJUser 28]

Hi All,

 

My wife didn' t file taxes for 2016 since she didn't work. She filed for 2017 and we filed jointly for 2018. 

Is it correct that we checked No in 23.a since she filed for two recent years out of three?

Should I put N/A in 24.c?

Should I check 25 since she didn't file in 2016 or they meant the recent year or all years?

Should we put joint income as it's reported in 2018 for 24.a since we filed jointly?

Can somebody help fill out this confusing portion of the form, it's attached.

 

[LirikVJUser 28]

Hi All,

 

I've been working in the states for a few years on H1B and earning enough to cover the poverty guidelines in i-864. My US citizen wife has no income though.

Has anybody here had any experience with using the intending immigrant's income only?

[geowrian 22,335]

Yes, this is absolutely possible.

She must provide an I-864 still, but she can include your income in the household income.

[geowrian 22,335]

Leaving it empty is fine, or putting in N/A (if it lets you...last time I used the form it wouldn't permit letters and was a 2D-barcoded form).

Yes, 25 must be checked since she didn't file.

The income listed should match her tax return exactly. Since she filed jointly, that will include both incomes. That's fine.

[pushbrk 12,092]

If you have really already filed a tax return for your joint income earned in 2018, you have it correct.  It's very early to file for 2018.  A 2018 tax return is filed in 2019.  Sorry for being pedantic.  Anyway, if that is correct, then yes, you have done it correctly but enter $0 for 2016.  Otherwise, you have the years wrong.

[LirikVJUser 28]

I-864 says: 

 

 

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. 

 

What does it mean? Is a letter of employment enough proof?

[geowrian 22,335]

22 minutes ago, LirikBlaidd87 said:

I-864 says:

 

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. 

 

What does it mean? Is a letter of employment enough proof?

Correct. That evidence should be provided. Typically a letter of employment is sufficient.

[LirikVJUser 28]

Thanks

 

One more question, they need proof that my wife didn't have to file taxes in 2016. How can I prove it if she just didn't work?

[LirikVJUser 28]

Hi All,

 

So my wife who is a US citizen is petitioning for me(alien spouse). Unfortunately her mother's last name is misspelled in her birth certificate.

Instead of Balldan it's Baudan. Do you think it can cause any problems in i-130?

[pushbrk 12,092]

26 minutes ago, LirikBlaidd87 said:

Hi All,

 

So my wife who is a US citizen is petitioning for me(alien spouse). Unfortunately her mother's last name is misspelled in her birth certificate.

Instead of Balldan it's Baudan. Do you think it can cause any problems in i-130?

No

[pushbrk 12,092]

46 minutes ago, LirikBlaidd87 said:

Thanks

 

One more question, they need proof that my wife didn't have to file taxes in 2016. How can I prove it if she just didn't work?

In 2016 or FOR 2016?  A 2016 tax return is filed IN 2017.  She can just hand write in the available space, "No income".  They don't need anything more than that.

[Mar and Mur 7]

Hey Fox,

She might need a letter from IRS stating that you was not required to file federal income tax as her income ($0.00) was bellow the minimum income required, $1050.00 in 2016.

In this scenario, there is a red flag. She will need to justify how she  lived without income as even if she lived under public charges, that income must be declared.

My suggestion is to delay the the filing of the I-130 till March 2019 then you will have your 3-year tax records, and you are required to submit only the most recent tax transcript that will be the FY2018

Good luck

[geowrian 22,335]

1 minute ago, Mar and Mur said:

She will need to justify how she  lived without income as even if she lived under public charges, that income must be declared.

No she won't.

1 minute ago, Mar and Mur said:

My suggestion is to delay the the filing of the I-130 till March 2019 then you will have your 3-year tax records, and you are required to submit only the most recent tax transcript that will be the FY2018

1) The unfiled year is 2016. That would still fall into the most recent 3 years of tax returns. To avoid the issue entirely, they would have to wait until 2020.

2) The I-864 isn't provided until after I-130 approval. Even if there was a need to need a tax year to roll off (there isn't), there's no reason to wait to file an I-130.

[Mar and Mur 7]

Hi LirikBlaidd87        

We are speculating and I believe they will be confusion at the end.

Could you please confirm if you filed the I-130 yet? When did you filed it? Is it approved yet?

Sincerely                        

[LirikVJUser 28]

One more question

For the year 2018 we will both file jointly in a few days, should i put joint adjusted income as shown on our tax return in 24.a?

Edited January 26, 2019 by LirikBlaidd87