Income Requirements Question

[Iqbal13 0]

Hi all, currently gathering the required documents for the NVC processing phase. My question is regarding the income requirements for the I-864 supporting documents. My current income is well above the minimum requirement listed. My last year (2021) tax return reported income is also over the minimum requirement. However, the previous 2 years before (2020 and 2019) are below the minimum requirement, will this in any way affect visa approval for my spouse? Also, on my last year tax return I had filed as single since my wife is not here and my employer suggested to leave it as single. Will this raise any red flags during the processing phase or later during the interview? 

[mytruelove18 607]

30 minutes ago, Iqbal13 said:

Hi all, currently gathering the required documents for the NVC processing phase. My question is regarding the income requirements for the I-864 supporting documents. My current income is well above the minimum requirement listed. My last year (2021) tax return reported income is also over the minimum requirement. However, the previous 2 years before (2020 and 2019) are below the minimum requirement, will this in any way affect visa approval for my spouse? Also, on my last year tax return I had filed as single since my wife is not here and my employer suggested to leave it as single. Will this raise any red flags during the processing phase or later during the interview? 

More important is current income and most recent tax year

[iwannaplay54 985]

38 minutes ago, Iqbal13 said:

Also, on my last year tax return I had filed as single since my wife is not here and my employer suggested to leave it as single. Will this raise any red flags during the processing phase or later during the interview? 

Big problem right here

 

You can’t file single if you’re married

[Lil bear 3,863]

1 hour ago, Iqbal13 said:

Hi all, currently gathering the required documents for the NVC processing phase. My question is regarding the income requirements for the I-864 supporting documents. My current income is well above the minimum requirement listed. My last year (2021) tax return reported income is also over the minimum requirement. However, the previous 2 years before (2020 and 2019) are below the minimum requirement, will this in any way affect visa approval for my spouse? Also, on my last year tax return I had filed as single since my wife is not here and my employer suggested to leave it as single. Will this raise any red flags during the processing phase or later during the interview? 

You should file an amended return as MFS in order to ensure it us not an issue moving forward    

[chadonius 41]

3 hours ago, iwannaplay54 said:

Big problem right here

 

You can’t file single if you’re married

I filed my taxes as single even after getting legally married abroad. I had no problem in USCIS or NVC stage. I got both approval and DQ. 

[pushbrk 12,253]

8 hours ago, iwannaplay54 said:

Big problem right here

 

You can’t file single if you’re married

Of course you "can" and many do.  It is not "proper" to do so, but many file single and amend their returns later.

[pushbrk 12,253]

7 hours ago, Lil bear said:

You should file an amended return as MFS in order to ensure it us not an issue moving forward    

I've never seen any evidence that filing single had any impact on the immigration process.  Have you.  Sure, file an amended return but when is not an issue for immigration.

[iwannaplay54 985]

23 minutes ago, pushbrk said:

Of course you "can" and many do.  It is not "proper" to do so, but many file single and amend their returns later.

Correct.  
 

They amend their returns after they realize they can’t submit a document signed “I attest this is accurate, I’m single” to one government agency and another document signed “I attest this is accurate, I’m married” to another agency then have a third agency compare the two for consistency.

 

C’mon man.  You’re better than this.

[pushbrk 12,253]

1 minute ago, iwannaplay54 said:

Correct.  
 

They amend their returns after they realize they can’t submit a document signed “I attest this is accurate, I’m single” to one government agency and another document signed “I attest this is accurate, I’m married” to another agency then have a third agency compare the two for consistency.

 

C’mon man.  You’re better than this.

I guess I'm not, because that's exactly what I did.  I filed single, and amended my return after my spouse and stepdaughter were in the USA.  Consular officers see this every day and simply ignore it because they understand why it is done.  The IRS doesn't care about overpayment of taxes.  Seriously, I've been around this since 2005, and have see zero evidence that filing single has any impact on the spouse immigration process.  Have you??????????

[iwannaplay54 985]

8 hours ago, iwannaplay54 said:

Big problem right here

 

You can’t (legally) file single if you’re married

Fixed.  

[pushbrk 12,253]

2 minutes ago, iwannaplay54 said:

Fixed.  

No consequences for filing single when married unless you are employed by the IRS.  THEN...you could be fired....BUT this is an immigration forum, so answers are best given in an immigration context.  I repeat, since 2005, I've seen MANY people file single and amend later, with ZERO impact on the spouse visa process.  I've already indicated that doing so is "improper".  Again, do you have any evidence of filing single having any impact at all on anybody's spouse visa process?  If you did, you would have answered that question earlier instead of continuing this nonsense.

 

[iwannaplay54 985]

24 minutes ago, pushbrk said:

No consequences for filing single when married unless you are employed by the IRS.  THEN...you could be fired....BUT this is an immigration forum, so answers are best given in an immigration context.  I repeat, since 2005, I've seen MANY people file single and amend later, with ZERO impact on the spouse visa process.  I've already indicated that doing so is "improper".  Again, do you have any evidence of filing single having any impact at all on anybody's spouse visa process?  If you did, you would have answered that question earlier instead of continuing this nonsense.

 

I advise what I always advise.  Submit accurate documents, always.  Submit consistent information, always.  Correct any inaccuracies before you file, always.  
 

Very simple set of parameters and (also) aligned with the terms of service on this site. 

 

The exemption and tax tables for single and MFS are the same, exemption $12,950 and exactly the same tax rate tables.  OP faces no penalty on a corrected return regardless of what it is corrected to say. 

OP has three choices outlined in the IRS vast and convoluted rulebook.  MFJ with ITIN, MFS, or HOH with a qualifying dependent.  My advice is to correct that error before moving forward and my advice is aligned with the rules and requirements of the agency.  No combination of words and sentences from anyone is going to change point #1 and it is up to the OP to choose what to do moving forward.  
 

What I DO know is this.  Taxes are used as “proof of validity of marriage” in many steps of the immigration process.  I steer applicants towards getting it right from day one, the beginning of the marriage.
 

 You may advise otherwise if you wish and if you do so I will assuredly not pick a public argument with you about it.   So kindly settle down and get back to advising the OP, not arguing with passport holding members who are done with USCIS and have completed this process. 

 

This discussion is over from my side. 

[StarLord22 55]

54 minutes ago, pushbrk said:

No consequences for filing single when married unless you are employed by the IRS.  THEN...you could be fired....BUT this is an immigration forum, so answers are best given in an immigration context.  I repeat, since 2005, I've seen MANY people file single and amend later, with ZERO impact on the spouse visa process.  I've already indicated that doing so is "improper".  Again, do you have any evidence of filing single having any impact at all on anybody's spouse visa process?  If you did, you would have answered that question earlier instead of continuing this nonsense.

 

Same here and my spouse still hasn’t fixed his tax return for that year 4 years ago. If I had come to this forum first I may have unnecessarily freaked out and tried to make him amend it (which looks like it takes several months now) and delay our process but up to OP what he wants to do. 

Edited December 26, 2022 by StarLord22

[Lil bear 3,863]

1 hour ago, pushbrk said:

I guess I'm not, because that's exactly what I did.  I filed single, and amended my return after my spouse and stepdaughter were in the USA.  Consular officers see this every day and simply ignore it because they understand why it is done.  The IRS doesn't care about overpayment of taxes.  Seriously, I've been around this since 2005, and have see zero evidence that filing single has any impact on the spouse immigration process.  Have you??????????

Only because one agency doesn't talk to the other.. i personally choose the “ technically correct  true” end of the spectrum over the more pragmatic “ its never happened before “ option any time. One less thing to possibly be a issue.. even if it “ probably” wont be an issue .. and its easy to amend a  tax return 

[Mike E 11,727]

Lots of flawed arguments along the lines of:

 

“I drove 75 mph in a 65 mph zone and the state trooper didn’t pull me over for speeding so it must be ok”