I 864 question

C

cr.marsh

Registered Users (C)
I have a question. In one of the last 3 years I had taken off from work and had to tend to my ailing mother who was suffering from cancer. She eventually died that year. I could not work so did not file tax for that year. Before and after that I have always filed and sufficiently earned enough to be above the 125%
Now in the I 864, I am sponsoring my wife,Where it asks for the last 3 tax year returns, how do I explain that particular year as its within the last 3 years? I have IRS transcripts saying that they have no records for that year. Is there a way I can get more proof to show that i don't owe anything or is the above transcript enough.Should I include a cover letter explaining the reason?
Or should I leave that year out and write the previous years data/
I am a little perplexed.
Any help would be useful.My present income is way above the 125% and I have a letter from my employer,6 months pay stubs as well.
Am I above water, even though there is a gap in the last 3 years?
Thanks for helping in advance.
 
Send the tax transcript showing you didn't file for that specific year. If they need more information, they will send you a RFE asking specifics about that year, but I doubt they will. As long as you meet the 125% above poverty line criteria now, you should be fine.
 
Question on I-864

Rosie74,

Quick question for you or anyone else who can answer this for me. I am planning to apply for mom's AOS (I-485) while she happens to be in US for the last couple of months. I was going thru the I-864-P guidelines and saw that I should have made $29,000 and some change but my last year tax paperwork gross income shows a number of $27,000 and some change. Now will this be a concern or a problem? I don't want to involve anyone like my friends or brother to co-share the I-864 paperwork or show joing assets. Keep in mind that number was only for last year 2007, but in the past I have been making decent and even this year I have made decent money on various projects. Let me know your thoughts.

Thank you.
 
You need to prove you are 125% above poverty line now, not in the past. If you cannot reach that level, you have to either find a co-sponsor or list your assets in order to make that target unfortunately. Obviously your 2007 tax return is the one taken into consideration if you file now.
One question though.. what do you mean by "she happens" to be in the US? Did your mom enter on a visitors visa?
 
B1/b2

Yes Rosie, my mom is here in US now and she entered US back in June on a tourist (B1/B2) visa.

Unfortumately, I won't be able to meet the poverty line for the year 2007, but do you not think my earnings for this year (2008) and me providing pay stubs would help. I have some funds sitting in my savings account. What would be a good amount to show USCIS to get qualified to support my mother? Please share your thoughts. Thanks.
 
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