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MisterModo

Tax Returns & Support

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1.  If I plan on using a co-sponsor on the Affidavit of Support, are my past 3 years Tax Returns still necessary?  In other words, are the tax returns necessary for both spouse and co-sponsor, or only the co-sponsor?

 

2.  I haven't filed U.S. taxes in more than 3 years.  If I must present 3 years of taxes, do I need to file all my back taxes in order to do the last 3 years?  Or, can I just file the past 3 years and not the previous years which are also missing?

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  1. Yes - the petitioner must be a sponsor and provide an I-864. A requirement of the I-864 is having filed at least the past 3 years of tax returns (so long as one was required to file - there is a minimum income threshold to be required). No tax returns = no visa.
  2. I would suggest taking care of all your obligations.

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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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Thanks for your prompt reply.  My case is a bit special I would say.  During all of 2018 my wife and I were traveling and not working.  So, does that mean I only file for 2016 and 2017?  And for 2018, I provide some sort of document for why I was exempt from filing?

As for my obligations, I never made enough money to owe any taxes...  Yet I'm sure it would cost me thousands to have an accountant do all my back taxes.  That's why I was hoping I wouldn't have to do all of them.

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5 minutes ago, MisterModo said:

Thanks for your prompt reply.  My case is a bit special I would say.  During all of 2018 my wife and I were traveling and not working.  So, does that mean I only file for 2016 and 2017?  And for 2018, I provide some sort of document for why I was exempt from filing?

As for my obligations, I never made enough money to owe any taxes...  Yet I'm sure it would cost me thousands to have an accountant do all my back taxes.  That's why I was hoping I wouldn't have to do all of them.

If your income was below the filing threshold for the tax year (https://www.irs.gov/pub/irs-pdf/p501.pdf, page 2) then you were not required to file. You can mark the box on the I-864 that you were not required to file, and include a reason as to why (i.e. income was below the threshold because you were traveling).

Here's the IRS wizard to determine if you need to file, in case the above link isn't clear: https://www.irs.gov/help/ita/do-i-need-to-file-a-tax-return

 

Note that the obligation to file applies based on income, not tax liability. One could have no taxable income but still meet the threshold to have to file and report it. Notable examples are foreign income, self-employment & investment income with a net value of $0 or a loss, being owed a refund, etc.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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One thing to look at obtaining is the fifth option (if applicable) mentioned, the Verification of Non-Filing Letter. Like all IRS-provided documents, they are freely available from the IRS.

 

https://www.irs.gov/individuals/tax-return-transcript-types-and-ways-to-order-them

 

Good luck on your immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

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On 7/23/2019 at 12:29 AM, MisterModo said:

Thanks for your prompt reply.  My case is a bit special I would say.  During all of 2018 my wife and I were traveling and not working.  So, does that mean I only file for 2016 and 2017?  And for 2018, I provide some sort of document for why I was exempt from filing?

As for my obligations, I never made enough money to owe any taxes...  Yet I'm sure it would cost me thousands to have an accountant do all my back taxes.  That's why I was hoping I wouldn't have to do all of them.

If you made enough to have to file you are required to file them.  

Why would you need an accountant?

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On 7/23/2019 at 12:29 AM, MisterModo said:

Thanks for your prompt reply.  My case is a bit special I would say.  During all of 2018 my wife and I were traveling and not working.  So, does that mean I only file for 2016 and 2017?  And for 2018, I provide some sort of document for why I was exempt from filing?

As for my obligations, I never made enough money to owe any taxes...  Yet I'm sure it would cost me thousands to have an accountant do all my back taxes.  That's why I was hoping I wouldn't have to do all of them.

Hate to say it but , no, your situation is very common., not at all special. Many people every year are in the same situation 

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