Question on Tax Return for affidavit of support.

A

amishah

Registered Users (C)
Hi All
I am soon to be a citizen and I have filed I-130 for my husband who is on H1 here. Now we will file I-485 as soon as I become a US Citizen.
As I was going through Form I-864 Affidavit of Support it says I have to submit copy of Tax returns for last 3 years. Now last year our CPA filed tax return seperately each as a Household so that we can save some money. We are not aware of any IRS rules and we thought whatever she is doing must be right. So my question is : 1) how much risk is involve in this situation?
2) what exactly they are looking for when they go through the tax returns?
3) what should we answer if they ask anything about it?
I have lost my sleep because of this.
I have received many help from this forum. I am really appriciationg each of you.
 
Unitednations
Thanks for your reply. But so do I have to meet the 125% of Poverty Line for all 3 years?? :eek:
 
I can't imagine how filing tax return separately could have saved you money. Do you have other dependents?

Yes you have to meet 125% of poverty guidelines for 3 years.

By filing these returns separately is not going to be a problem for your Naturalization case but it may become an isse during the AOS interview.
 
GeorgeF said:
I can't imagine how filing tax return separately could have saved you money. Do you have other dependents?

Yes you have to meet 125% of poverty guidelines for 3 years.

By filing these returns separately is not going to be a problem for your Naturalization case but it may become an isse during the AOS interview.
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Yes I had my mom and dad living with me for a while though they have moved back to home now. They were on GC.
If I have to meet 125% Poverty line for all three years then my husband has to file form I-864 A to support me. We will be quite okey for the recent year.

I know there won't be any problem in my Naturalization Process. I am concern about the interview for AOS only. Thats why I was asking what exactly they are looking for when they look at the tax returns?
Thanks
 
amishah said:
Yes I had my mom and dad living with me for a while though they have moved back to home now. They were on GC.
If I have to meet 125% Poverty line for all three years then my husband has to file form I-864 A to support me. We will be quite okey for the recent year.

I know there won't be any problem in my Naturalization Process. I am concern about the interview for AOS only. Thats why I was asking what exactly they are looking for when they look at the tax returns?
Thanks
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They look at the most recent financial situation of the household and the current employment status of the sponsor. Your calculations if he meets Poverty line or not are based on the most recent tax year. Read carefully page 3, Part 4, Section C : http://uscis.gov/graphics/formsfee/forms/files/I-864.pdf
It's written black on white ""Indicate most recent tax year" The last year income gives the numbers to calculate the sponsor's financial eligibility and the compliance with the Poverty Guidelines!!!
Read the next Section D (same page), *3 Minimum income ... for the year ... is $....
However, the first 2 years are taken into consideration as well.It will be good if you meet the PG for all the 3 years, but the Poverty G arithmetics uses only the numbers of the last tax year.Nowhere in the form is written to use the income numbers from the previous 2 years tax returns. They are A MUST to send them though.

You can both combine your incomes as well on the same form I-864 since you form a household at least for the last 6 months if you dont have dependents (kids) immigrating with the sponsored immigrant (read the text on upper left corner page 2 in 864). If there aren't dependents immigrating with the sponosred immigrant you dont need I-864A that lists the immigrant's income separately. Just sum your both incomes in 864, that's sufficient enough.(you have toshow proof -bills, lease, etc that you lived together though)
That's what me and my husband were also advised to do by the 800-...They said that no matter that I am the sposnsered immigrant we can sum our incomes on only 864 if we have a proof that we form a household for the last 6 months. However we decided to use his mom as a sponsor cause we were suspicious and we couldn't show docs that we lived together for that 6 m-period at that time (we were newly weds). For the interview we will have to prepare a new I864 'cause of change of employment status and other circumstances. But we'll just combine my and his income on I-864 without using any other forms, cause now we have actual proof that we live together and form a household.

Just read more carefully every line on the form. It; gives you balck on white every answer you need
 
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Thanks you all.
Reaching 125% of Poverty line won't be a problem if I am using my husband's income.
My concern was do they look at it with IRS point of view? Like, why they each has shown themselves as a Household living at same place?
And as this is marriage based they might can think of false marriage as we have filed individually. Though we have all other documents like our house mortgage and bank account etc.
 
But on for I864, page 7, it says that if souce's income is to be consider, spouce must file for I-864A :confused:
 
amishah said:
Thanks you all.
Reaching 125% of Poverty line won't be a problem if I am using my husband's income.
My concern was do they look at it with IRS point of view? Like, why they each has shown themselves as a Household living at same place?
And as this is marriage based they might can think of false marriage as we have filed individually. Though we have all other documents like our house mortgage and bank account etc.
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Well, it's really advisable to file joint tax returns for the first year following your marriage. It's also considered as 1 supportive proof by INS for genuine marriage. I had the same issue and asked the guys here in the forum after reading IRS regulations 100 times. :) Thanks guys!!!

You can explain that with ignorance or freedom of choice or... both. Just tell them the truth - that you thought it's a better way to get your taxes back. Nobody can force you.
As long as you have all other docs to prove mutual life, this tax reurn matter isn't that fatal. You are good to go.
Just get everything on the I-864, following the instructions line by line. I really don't think that you should have any concerns. I've read and seen much worse with happy end.
 
We did file joint return for 1st year after marriage. And we have more than enough evidence to proove that we live together.
You are right I will tell them the truth that my CPA told me that this is the best way to get money back and that's why we did it. I will keep my finger cross that they don't look at it as IRS point of view.
 
amishah said:
But on for I864, page 7, it says that if souce's income is to be consider, spouce must file for I-864A :confused:
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Well I must say that it's tricky. On p.7 - if spuse's income... I-864 A. On the previous instructions " I-864 A - only if there are dependents immigarting with the sponsored immigrant". It's basicly repeating one and the same information twice.
However, let your husband fill in 864 A, cos the instructions are really dual and provoke interpretation. It wont hurt, and if INS doesnt need it they will just ignore 864 A. In no way it's a mistake to file both 864 and 864 A. I am thinking about this 864 A - 864 issue, gave a call 800-...(told only 864 -enough) And doubting ... (cause you know, the guys at the 800-... dont always sound competent and convincing)
Our case was different cause we did use 864 A, but because we put my-mom in law and never listed my income. Now when we approach the interview, we'll be facing the same situation.

Do both 864 /864 A, girl (cause it wont be a mistake). Thanks for making me think over this again.
AND YOU"LL BE FINE :) :)
 
amishah said:
We did file joint return for 1st year after marriage. And we have more than enough evidence to proove that we live together.
You are right I will tell them the truth that my CPA told me that this is the best way to get money back and that's why we did it. I will keep my finger cross that they don't look at it as IRS point of view.
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IRS point of view is : "A MUST to file joint tax returns the 1st year following the marriage, and after that - free to choose" I doubt if INS will pay attention to that separate filling. Because the matter here is financial and you did that because you can get more taxes back, that legally belong to your family. Tell me. who's not concerned aboout family budget??? :) Don't worry, you have more than enough other documents as a proof.
 
NBC_June04 said:
Well I must say that it's tricky. On p.7 - if spuse's income... I-864 A. On the previous instructions " I-864 A - only if there are dependents immigarting with the sponsored immigrant". It's basicly repeating one and the same information twice.
However, let your husband fill in 864 A, cos the instructions are really dual and provoke interpretation. It wont hurt, and if INS doesnt need it they will just ignore 864 A. In no way it's a mistake to file both 864 and 864 A. I am thinking about this 864 A - 864 issue, gave a call 800-...(told only 864 -enough) And doubting ... (cause you know, the guys at the 800-... dont always sound competent and convincing)
Our case was different cause we did use 864 A, but because we put my-mom in law and never listed my income. Now when we approach the interview, we'll be facing the same situation.

Do both 864 /864 A, girl (cause it wont be a mistake). Thanks for making me think over this again.
AND YOU"LL BE FINE :) :)
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I will file I-864 and I 864A. I kind of not trusting those 800 .. people. Each representative answer differently to the same question.
I have to be prepared for interviews question regarding my tax returns.
 
amishah said:
I will file I-864 and I 864A. I kind of not trusting those 800 .. people. Each representative answer differently to the same question.
I have to be prepared for interviews question regarding my tax returns.
Click to expand...

You are absolutely right here. Those guys dont always seem to belive what they are saying. Go for both of them. You helped me here, girl. Until now I was almost sure about filling only 864. But know thinking, it's not a mistake to do both. Or actually you MUST do both :) In case INS dont want it, they will throw it in the garbage can :)
And dont be concerned about the PG - it's calculated on the most recent tax year.
Good luck! Keep us posted here
 
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