1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. We are looking for volunteer moderators for the forums for various topics. If you are interested and feel that you have the experience for the same, please contact us with your name and topic of interest and your experience in the area in which you wish to volunteer. A moderator is required to visit the forum on a regular basis, control spam, report offending posters, provide recommendations for reorganizing the forums etc.
  3. US Immigration attorney, Rajiv S. Khanna hosts a free community conference call for US Immigration questions every other Thursday at 12:30 p.m, EST. You can post your questions in the conference call forum and dial into the call at (202)800-8394.

I-864 Question

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by jrlaredo, Sep 15, 2008.

  1. jrlaredo

    jrlaredo Banned

    My wife doesn't make enough to sponsor me by herself. She still needs about 8-10k. Her mom is willing to be my joint sponsor, but she does not work. Her dad just passed away about 6 months ago (my wife's dad) and he was a firefighter so they get a good retirement check and got alot of money for his death insurance. Is my mother in law able to joint sponsor using money she has in the bank? It is more then enough to cover the 8-10k x 5 that USCIS demands for assets. Would it even be considered assets?

    2nd question do I fill out an I-864 for my wife and one for my joint sponsor, or does the joint sponsor fill out 1-864A?
  2. jrlaredo

    jrlaredo Banned

  3. cafesanu

    cafesanu Registered Users (C)

    I'm not a lawyer or an expert, i'm just helping you according to my experience filling this form and I even if I'm being honest and I'm trying to help you, I might be wrong, so act accordingly

    Your wife has to fill I-864, even if she doesn't make enough money, and also,if your mother in law is going to be a joint sponsor, she has to fill I-864. Now, if she is living with you and your wife, she can fill I-864A as a household member, if only if she is living with you, otherwise she must fill I-864. I recommend you to read the i-864 instruction as many times as you can. I did that and every time I undertood that form better (In my case, this form was the most difficult to understand). Now, it doesn't matter if she is working or not. She only has to meet the 125% of the current Federal poverty guideline. How can you know if she meets the requierments, you just have to ask her for her tax 1040 forms of the last three years (2007, 06 and 05). There is a line which says Total income or gross income. That number has to be over the 125%. Now, if she doesn't have the tax returns (1040), she has to fill a form 4506-t to ask for the tax info of last three years. it takes 30 days to get that info and is for free. Now, if you are in a hurry, you can request via http://www.credittechnologies.com/Tax_Verification_4506.asp your tax info, they will give you the info en less than 72 hours but it cost money. Now, if her husband died, I guess you can use her husband taxes as long as she appears as a dependent (I guess, i'm not sure about this part).

    Also, remember you have to send copies not only of the tax returns (1040), you also have to have forms w-2, and 1099. It is only necessary to send 1040, 1099 and w2 from the last years, but you must fill the information of the last three years, so you have to know the info of her tax returns of 2006 and 05.

    Please remember that I'm not a lawyer or an expert, i'm just helping you according to my experience filling this form and I even if I'm being honest and I'm trying to help you, I might be wrong, so act accordingly
  4. rickylala

    rickylala Registered Users (C)

    Hi everyone,
    I have some questions on I-864:
    1] my husband will be the sponsor to me. This issue is he only has ONE year tax return, 2007, but USCIS asks THREE years.
    2] I wonder if providing one year tax return information is fine?
    3] under question 25, i mark the first one and i need to fill Tax year, 2007/2006/2005 and for income I only has 2007. How about 2nd most recent and 3rd most recent? I need to put "0", right?
    4] Do i need to do explanation on separated paper to explain WHY 2006 and 2005 my husband didn't file the tax?
    He was not employed during these two years, 2006 he was in USA and 2005 he was in oversea, should i write detail of his status? Is this necessary?
    5] Do you think if it is help to enclose his 2008 paycheck stub, will this help him to support me?

    About Police clearance- Do I have to submit this to USCIS since I am already in USA? My status is Canadian citizen with legal TN working visa. I married with USC and changing my status. Do I need to submit police clearance to USCIS?

    i don't know if i state my question clearly and your help is very appreciated. Please help....
    BR,
    Karie
  5. rickylala

    rickylala Registered Users (C)

    cafesanu,

    Can you help me to look at my issue?
    I don't know if I will get stuck because my husband's tax issue. Please help...

    Thanks a bunch...

    Karie
  6. cafesanu

    cafesanu Registered Users (C)

    Hi! I just told you what I know, if you have more question, just post them here and I'll try to help you, but what I told you is what I know.
    :confused::)
  7. JohnnyCash

    JohnnyCash Volunteer Moderator

    "my husband will be the sponsor to me. This issue is he only has ONE year tax return, 2007, but USCIS asks THREE years"

    As per new and changed/amended guideline 2 ago, USCIS asks for only ONE year tax return...the latest one, and NOT three years. However, the applications/petitions are being collected and processed by a subcontractor company wherein they check for any missing document which makes them to send out RFE once they see something missing. Most of times they make mistakes in sending RFEs because applicants receive RFEs even though required documents were sent in along with initial application. Also, the people in this subcontracting company don't seem to be aware of the fact that only ONE year tax return is required which makes them to ask for THREE years. And it could be possible that USCIS has not updated Form I-864 in this regard as well. So it's better to send tax returns for THREE years in order to avoid RFE..if you have tax returns for all three years...If not then just send what you have. I will be okay so long you can explain on a seperate sheet of paper why other years tax returns are not filed....




    "I wonder if providing one year tax return information is fine?"

    Yes, it would be more than fine. But make sure to attach an explanation as to why other two years tax returns are not furnished. You don't have to give whole story or that he wasn't here or anything like that. You guys can say that he wasn't required to file tax returns to those years because he didn't have any or enough income that required to file the return. The requirement of filing tax return has nothing to do with someone being in the country or not; rather it has to do with the income. A person needs to file tax return even if s/he lives at aborad if there was an income....of course enough income...And don't worry if you would receive RFE because those people who process the application don't even read and check all the documents carefully...Just send the same documents again with the RFE. It will be alright.



    "under question 25, i mark the first one and i need to fill Tax year, 2007/2006/2005 and for income I only has 2007. How about 2nd most recent and 3rd most recent? I need to put "0", right?"

    Yes, you need to put "0" in there for the 2nd and 3rd most recent income if he had no income during those years...



    "Do i need to do explanation on separated paper to explain WHY 2006 and 2005 my husband didn't file the tax?"


    Yes, your husband must need to explain why he is unable to submit the copy of tax returns from other two years along with Form I-864...He should explain briefly and to-the-point than a story...



    "Do you think if it is help to enclose his 2008 paycheck stub, will this help him to support me?"

    Yes, he can include his paycheck stub for 2008...This will certainly help when adjudciation officer will weigh his current income to think public charge ground.




    "About Police clearance- Do I have to submit this to USCIS since I am already in USA?"

    No, you don't need to submit Police Clearance since you are already in USA. USCIS will run full background checks on you thru FBI and other agencies.
  8. GoDogs

    GoDogs Registered Users (C)

    JohnnyCash or anyone:

    I do not mean to hijack this board - but a very similar case for me. We have a joint sponsor and I just need help filling out the I-854 for the primary sponsor.

    Primary sponsor also did not file the 2nd and 3rd most recent years - only the most recent years. She had income but it was too low therefore, sponsor was not required to file a tax return. Instead of putting 0 on both spaces (2nd and 3rd most recent years), we are just planning on putting "please see attached explanation" to explain this. Is this advisable or do we have to put her earnings on those spaces anyway (but I doubt this since the form asks for total income as indicated on the returns).

    Thanks guys.

    PS> Is the sponsor's W-2 for the 2nd most recent year enough of an explanation/evidence to prove that she was not required to file the federal income tax?
  9. rickylala

    rickylala Registered Users (C)

    JohnnyCash,
    I really really from my heart appreciate your reply. Those questions run over and over in my head and try to figure out what to do. You gave me your most experience answer. Thanks a lot.

    For tax issue, I’ll answer 2nd & 3rd most recent year with zero income and attach separated sheet that saying my husband WAS NOT employed in 2005 & 2006, therefore, income is zero. I will not even mention if he files the tax return or not till USCIS asks. I think it is better to avoid some points which are not necessary to speak out till they ask.

    BTW, under form 130, in the instruction saying we have to provide a joint bank account, is that mandatory or I can show other bona fide such as me and my husband lived together since 1998 in California because in our OLD driver license we have same address printed. Do you think this is better than an joint bank account?

    For police clearence, thanks to reply me that i don't need to do it. I need to do request to Canada police station, however, they ask me to get fingerprint from local police station where i live now and in order to issue me "police clearence". I figure maybe it is not necessary because if Canada can run this fingerpring from their side to make sure I am not criminal then why USCIS can not run it throught my SSN. Thanks a lot to give me your answer and for myself to confirm that I DON'T NEED POLICE CLEARENCE.

    Anyway, thanks your contribution and this really give lots confidence to file those myself! Thanks....

    Karie
  10. JohnnyCash

    JohnnyCash Volunteer Moderator

    jrlerado,

    I see you have deleted this thread and opened another one to ask the very same questions. First off, don't ever delete any thread. Other people, including myself have posted here to help others, maybe not to help you, but that doesn't give you any right to delete any thread even though you created the thread. I've brought this thread back, and closing your new one. If you want to ask the same questions, then ask in this very same thread.
  11. JohnnyCash

    JohnnyCash Volunteer Moderator

    Karie,


    "I will not even mention if he files the tax return or not till USCIS asks. I think it is better to avoid some points which are not necessary to speak out till they ask"

    Your husband should explain in a letter that- (1) he didn't work for those years, so obviously he had no income in those years in order to file the tax returns, and (2) that he was not required to file income tax returns with IRS for those years because of not having income. He should print out the relevant information on 'who is required to file income tax returns' for those years by going into the IRS website and attach that with his explanation letter to make his case strong...so that nobody even dare to ask why he failed to file tax returns for those years.



    "BTW, under form 130, in the instruction saying we have to provide a joint bank account, is that mandatory or I can show other bona fide such as me and my husband lived together since 1998 in California because in our OLD driver license we have same address printed. Do you think this is better than an joint bank account?"

    Just recently, a few months ago, USCIS has made it mandatory to submit at least one documentary proof along with form I-130 that has both peitioner and beneficiary name together. In my personal opinion, copy of DL won't be enough to meet the requirement. You may submit lease/morgage paper, joint bank account, any bills...like utility or others...By the way, it's not that hard to open a joint bank account. And if it would take a time to get a monthly statement from the bank then you can ask them to provide a letter that should say that you both have a joint account. Try to submit as many as documents you can to make your case strong. Anyway, you would need all those stuffs at the time of interview regardless.

    As for background checks then USCIS would start the background checks on you once you would file the application with them. They will also send you a fingerprint notice so that they could send your fingerprints to FBI to do all kinds of other background checks on you. If you were not be present in the US then you would have required Police Clearance Certificate along with FBI background checks, but not when you are already in the US.

    Glad that I'm able to help you out. Good luck...
  12. JohnnyCash

    JohnnyCash Volunteer Moderator

    If any of the sponsors had low income or no income for any of the years then they should explain in a letter as to why they failed to file income tax returns for those years. Get the copy of the text from IRS website which states on Who needs to file tax-returns. Attach that information with the explaination letter.

    There is no need to submit W-2s for those years when income was too low, but it wouldn't hurt either if you do send them.

    You cannot write there "to see the explanation"; rather you must need to give digital value to show total income...If there wasn't any income then write "0" in there...




  13. rickylala

    rickylala Registered Users (C)

    Hi JohnnyCash,

    Thanks a bunch about your reply!

    I was told even income was zero or not employed USC has to file tax every year. Then, your message make me attentively to see IRS website if he is qualified about NO necessary filing tax return because he was not employed or no income during the time. Maybe it could make situation reverse he is right not filing tax return because no income.

    For join account issue, yes, I read the instruction again and notice it is mandatory to provide ONE documentation of joint status. Yes, apparently bank account is easy. By phone I added my husband into my existing account. I'll run the bank statement 3 days after and one question is I need to make copy of bank statement with 130, however, could I cover up the balance or list transaction in the statement? It is a little bit weird to let someone I don't know and see whole my account with all details. Or you suggest just leave what it is and they should not release my information to somebody else.

    Background check, it should be called BIOMETRIC, right? My friend just did that one week ago. Ya, should be no necessary to provide the police clearence.

    Many thanks, because your valued experience and sharing! Many people with same or similar situation don't have to talk an lawyer. They make too much money!

    I hope all immigrants will have good luck and passing all applications with no hassle. Peace! God helps us all.

    Thanks,
    Karie
  14. JohnnyCash

    JohnnyCash Volunteer Moderator

    "I was told even income was zero or not employed USC has to file tax every year"

    Who told you this? Don't believe everything that you listen. You wouldn't find even consistency on any information by immigration attorneys. Some are good attorneys, others are not. Some are honest, while others try to scare people to get hired. People do NOT need to file tax return if there is no income at all or has little income. The only time people need to file a tax return in this situation when they need to get some credit from IRS. Nevertheless, it's always BEST to file income tax returns each year even if someone has no income or if someone is not required to file it. It doesn't hurt at all. Rather, you will always benefit to prove your income, address, spousal information, and etc. Also, your husband can still file late returns for those years he didn't file wherein he wasn't employed. Normally whenever people file late returns, they have to pay penalty and interest, but only when they owe taxes which is not the case with him. That means, he can still file tax returns to those years without any penalty and interest....for the sake of having govt. record.




    "could I cover up the balance or list transaction in the statement?"

    No. Don't even dare to do so. It's a criminal act to submit falsified information to USCIS. Covering/concealing/hiding anything is considered mispresentation....a ground in itself to deny the benefit with LIFETIME BAR..




    "It is a little bit weird to let someone I don't know and see whole my account with all details"

    Who is this "someone" we are talking here? USCIS?? Well, they will have ALL the information on you anyway, like your name, date of birth, Social Security information, fingerprint, your parents' name, your employer...present and past, where were you born and lived for the last 5 yrs and even your mugshot. So having bank information wouldn't make any special to them. Nor they release that information to anyone. It will be govt. record. Talking about feeling a bit weird to let someone know something then isn't women let a gynecologist doctor to touch her body insidely even if doctor were to be a male in many cases??? It's just profession. Don't worry about anything. Nobody can withdraw any money from you account except you. Nor your bank information will be released to anyone. People submit more personal information to USCIS to make their case strong than a bank statement. All immigration officers are interested in seeing is having joint name in there than anything else.





    "Background check, it should be called BIOMETRIC, right?"

    Biometric is for criminal background checks with FBI, but a complete background check has many parts of it which starts once someone sends in his/her application to USCIS. It's about checking the name of the person with many govt. agencies...Why are you asking about it? Is there something you have on your name? If not then don't worry anything. It's a routine procedure.
  15. rickylala

    rickylala Registered Users (C)

    Hi JohnnyCash,

    Maybe I put too many things on my shoulder. I THINK too much. I agree some are not necessary.
    Your suggestion is crystal clear. I'll submit my bank statement with me and my husband's name on it as good evidence that we have a true marriage not fake one. Thanks about all your time.

    Hope our case go smoothly. Good luck to everyone & peace!!!
    regards,

    Karie
  16. loisd

    loisd New Member

    Similar question on filing tax return for 3rd most recent yr

    Hi JohnnyCash, I've seen your extremley helpful replies to some of the other posts so am hoping you can help me too.

    My husband became a US citizen last year, having had a green card for the 5 years previous to that. However, he had only been living and working in the US for 2 years - before that he still lived and worked in the UK. For the past 2 years he has filed a tax return here in the US, but did not do so for the 3rd most recent year as he was earning income in the UK and paying tax over there.

    We know that he was required to file for the other three years as well because he was a green card holder and had income in the UK, but becuase of the amount of work involved he had not got round to doing so.

    Now we want to make my application to adjust my status asap before my tourist visa runs out so we're not sure whether to file late as having to wait for the IRS to send us a receipt of late filing might set us back quite a few weeks and we're worried my tourist visa will expire. However, what are our other options? Tick the box and then under the third most recent year put 0 income becuase it was outside of the US?

    We don't want to risk the process but neither do we want to cause a delay? what would you suggest?

    Thanks so much.
  17. Jackolantern

    Jackolantern Registered Users (C)

    There are two separate issues going on: (1) tax returns for the immigration process, and (2) tax compliance for IRS purposes.

    For (1), the purpose of tax returns is to substantiate the income criteria for the I-864. But since income from non-US jobs cannot be used for that, those tax returns for the money earned in those UK jobs are useless even if had filed them. He will need other evidence of current US income, like a job letter and paystubs.

    For (2), that is an IRS issue; he needs to deal with it before the IRS sends their dragons after him, but you can go ahead with the green card process without waiting for him to file for those back years.

    I'm curious about how he became a US citizen while spending so much time in the UK and not filing taxes. If he lied on the citizenship application about having filed taxes or how much time he was spending outside the US, your green card could be denied and/or his citizenship could be revoked.
    Last edited by a moderator: Jul 1, 2010
  18. loisd

    loisd New Member

    Thanks so much for your response Jackolantern, that's very helpful. So what should I put down on the form where there is the tickbox regarding "I have filed a federal tax return for each of the three most recent tax years"? Should I tick this, and then on the line relating to 3rd most recent write 'see attached' and explain that we are filing late, or provide information relating to his uk income during this time? Or should I just put 0 down here?

    Just to put your mind at rest, he did not lie on his citizenship application: he was travelling back to the US regularly (less than 6 months between each visit) and his whole extended family were living out here already so that's how he got it. We certainly wouldn't want to do anything illegal, and nor do I want to lie on my form which is why I'm concerned about this question.

    Thanks again.
  19. Jackolantern

    Jackolantern Registered Users (C)

    There is a question on the citizenship form about whether he failed to file a tax return. Based on what you're saying, he should have answered YES, but answering YES likely would have resulted in his citizenship being denied, or delayed until he filed them.

    For this question you are asking about, since he didn't file for all of the past 3 years he shouldn't say YES to that question, unless he files them before submitting that form. It is not mandatory to check that box in order to get approved, as long as other proof of income is provided. And like I said, tax returns for UK income are useless for this purpose, so he will have to provide that other proof whether the returns are filed or not.
    Last edited by a moderator: Jul 1, 2010

Share This Page