I-864 Tax Return Help

[ECLIPSEGSX4G63]

I got a RFE for I-864, they're asking me for a sponsor since I dont make enough, I found a sponsor, he makes enough money, but he did not file taxes for last year 2006, but he did for 2005 and 2004, my question is can I still send those tax returns even though they ask for the recent one, will USCIS accept them, please help

 

[austriacus]

Did he not file a tax return because he wasn't required to file for 2006?

If he was required to file, he has to file them late before being able to be an I-864 sponsor, and he needs to attach an IRS-generated tax return transcript documenting the late filing with the I-864. In particular, I-864 instructions say "ALL sponsors" need to submit the tax return for the most recent tax year unless they were not required to file.

If he was not required to file, he should attach a statement and/or evidence describing why he was not required to file. Here is what the I-864 instructions state in particular:

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

If the person was required to file and doesn't want to file now, you'll have to look for a new joint sponsor. How about qualifying by assets? Your spouse's income or assets? Relatives living in your residence?

 

[ECLIPSEGSX4G63]

Did he not file a tax return because he wasn't required to file for 2006?

If he was required to file, he has to file them late before being able to be an I-864 sponsor, and he needs to attach an IRS-generated tax return transcript documenting the late filing with the I-864. In particular, I-864 instructions say "ALL sponsors" need to submit the tax return for the most recent tax year unless they were not required to file.

If he was not required to file, he should attach a statement and/or evidence describing why he was not required to file. Here is what the I-864 instructions state in particular:

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

If the person was required to file and doesn't want to file now, you'll have to look for a new joint sponsor. How about qualifying by assets? Your spouse's income or assets? Relatives living in your residence?

If he files it late, how long will it take until he has proof that he filed it

 

[austriacus]

I don't know, but I would imagine it will take about as long as if he had filed them regularly. Maybe others can comment how much time had passed between their filing the return and receiving the transcript. The problem is that with the RFE you're on a tight schedule ... how long did they give you, 12 weeks? How much time is left? Is this sponsor your only option? Did he have a good reason for not filing? (You don't have to disclose the reason.)

 

[ECLIPSEGSX4G63]

I don't know, but I would imagine it will take about as long as if he had filed them regularly. Maybe others can comment how much time had passed between their filing the return and receiving the transcript. The problem is that with the RFE you're on a tight schedule ... how long did they give you, 12 weeks? How much time is left? Is this sponsor your only option? Did he have a good reason for not filing? (You don't have to disclose the reason.)

He just told me that he didnt file because he owed money to the IRS

 

[Zgreen]

He'd better come up with a better reason IRS is going to catch up sooner or later.

If he efiles his return now, including interest and penalties which take a while to figure out, he may be able to use the printout as proof. But from what you've said, I'm not sure if he is willing to do that.

You may want to start looking for another sponsor, or consult an attorney on whether you can use just 04 and 05 returns (risky to say the least), and don't miss the RFE deadline.

He just told me that he didnt file because he owed money to the IRS

 

[PraetorianXI]

He'd better come up with a better reason IRS is going to catch up sooner or later.

If he efiles his return now, including interest and penalties which take a while to figure out, he may be able to use the printout as proof. But from what you've said, I'm not sure if he is willing to do that.

You may want to start looking for another sponsor, or consult an attorney on whether you can use just 04 and 05 returns (risky to say the least), and don't miss the RFE deadline.

The 04 and 05 returns are optional, the 06 return is REQUIRED.

 

[austriacus]

I'm assuming you're sponsoring your immediate relative spouse ECLIPSEGSX4G63, correct me if I'm wrong. Is the combined cash value of you and your spouse's assets (savings; stocks; bonds; CDs; appraised home value minus mortages and home loans; value of a car if you have more than one, minus car loan ... basically anything convertible to cash within a year that would not cause hardship or loss to you if sold) greater than three times the difference between the 125% poverty guideline and your combined income?

 

[asPapi]

If he efiles his return now, including interest and penalties which take a while to figure out, he may be able to use the printout as proof. But from what you've said, I'm not sure if he is willing to do that.

Efile is only available through October 15.