864 forms and visa and visa turned down

[Ross]

They said that they need 3 years of tax returns from me, but i dont have them because i was working in china, and before that was a student. What am i supposed to do?

They said that everything was good except the financial information and that i need these tax returns, what should i do.

 

Ross

[david_dawei]

I suspect that you may need a co-sponsor (ie: Family member) if your income level does not satisfy the requirement of 125% of the poverty level:

 

FY 2005

Sponsors Household size - 125% of poverty line

2 - $16037

3 - $21112

4 - $24187

 

 

A co-sponsor normally has to have the same requirements as a sponsor (citizenship, meeting the requirement, notorize the I-864,etc).

 

 

also see:

 

 

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

16. What if income tax returns have not been filed for each of the most recent 3 tax years?

 

A sponsor must include as many of the income tax returns for the most recent 3 tax years with the affidavit of support as he or she was required by law to file. If the sponsor filed fewer tax returns than were required, he or she should contact the Internal Revenue Service to determine how to file retroactively. If fewer than three returns were required for reasons such as less than 3 years' residency in the United States or lack of sufficient income, the sponsor should explain the reasons on the affidavit of support.

 

1-864 Check List:

http://travel.state.gov/visa/immigrants/in.../info_1329.html

 

 

I-864 FAQ:

http://travel.state.gov/visa/immigrants/in.../info_1328.html

 

What happens if the sponsor did not file income tax returns for the previous three years?

Immigration law requires the sponsor to submit income tax returns for the three years immediately before the visa application if the sponsor was required to file. The Internal Revenue Service (IRS) requires Americans and lawful permanent residents who are working abroad to file income tax returns even if most or all of their overseas income is excluded from U.S. taxes.

What does the sponsor do when he/she was not required by law to file an income tax return during a given year?

If a sponsor was not required by law to file an income tax return, he/she should prepare a notarized statement. In this statement the sponsor should state that he/she was not required to file a tax return and give the related Internal Revenue Service (IRS) regulation. The IRS 1040 Instruction Book has information on who is not required to file income tax returns.

 

 

 

Visa Journey on I-864:

 

The financial responsibility for this guarantee lies on those who sign the I-864 affidavit, and lasts until the sponsored immigrant becomes a naturalized US citizen or can be credited for 40 quarters of work. Whoever signs the affidavit must also inform the INS when they move, using form I-865, Sponsors Change of Address, after the immigrant gets approval of Adjustment of Status.

 

If you do not meet the guidelines for income level (125% of poverty level) you will need a joint sponsor who does meet the guidelines. The US Citizen’s spouse must submit an I-864, and the joint sponsor will also submit an I-864. If the joint sponsor is a member of your household, they will submit an I-864a "Contract between Sponsor and Household Member". Any joint sponsors must be domiciled in the United States, territories or possessions, and must be a Citizen or Permanent Resident.

[Ross]

I have the co-sponsor, what i didnt have was my own tax forms my mother was the co-sponsor.

[Paladine]

If a sponsor was not required by law to file an income tax return, he/she should prepare a notarized statement. In this statement the sponsor should state that he/she was not required to file a tax return and give the related Internal Revenue Service (IRS) regulation. The IRS 1040 Instruction Book has information on who is not required to file income tax returns.

I was in the same situation, this is the letter I wrote:

 

I, XXX (SSN: XXX, US Passport Number: XXX), did not file a 2003 Federal Income Tax Return. According to IRS Publication 501, Table 1, ¡°Filing Requirements Chart for Most Taxpayers,¡± a single person under 65 only needs to file a tax return if gross income was more than $7,950. I was an XXX earning XXX a month during 2003. Total earned income for 2003 was XXX. Total unearned income for 2003 was XXX. Total gross income for 2003 was XXX, less than the $7,950 minimum to file a tax return.

 

I went to get it notarized at the consulate, but they said that it was not necessary. My wife handed it in at the interview, along with my 2002 and 2004 tax returns. No problem.

[darianstarfire]

Hi there,

 

Lucky for me, I am/was in the same boat.

 

Now, see I just wrote a letter explaining that I didn't make enough, or because of X, I didn't file.

 

Did you even file with the IRS at all? Have you ever had to file? Did you make enough to file with the IRS while in China. You can make up to... around $8,000 without having to file. This is based off federal and not state.

 

So if you didn't make enough, make sure you know why and get it notorized. Since you have a co-sponsor, you income means bupkis anyway. Well that's how I feel about my job, even though it's enough to sponsor her.

 

Anyway, have your mom call the IRS and get some transcipts if you did file. Have her fax or scan them and you print them out. You need a letter notarized, any proof of what you've been doing to not make enough too.

 

I used my contract from my school in China (though the VO apparently didn't look at it)

 

I am little confused though, cause I'd like to know what part your on, because the I-864 is generally for CR-1, so when are you having to file this, where you at on this?

 

Dan

[CR1togo]

Ross and G.,

 

So sorry to hear about this. Wish there was something we could do to help you out. Hopefully you can provide the information they want in a timely manner. Know your plans were on a tight schedule. As today is Wen. you will have to wait until Monday to submit the paperwork, correct?

 

BEST of LUCK and godspeed from the both of us. acw

[CR1togo]

I am little confused though, cause I'd like to know what part your on, because the I-864 is generally for CR-1, so when are you having to file this, where you at on this?

 

Dan

CR-1 but DCF.

[Ross]

Well cr-1 to go were gonna see you in Guanzhou then, and this means tht i have to get my airplane ticket changed.

[CR1togo]

Ross,

I certainly enjoyed your company but wish this situation were NOT so. Prefer a "chance" meeting or at a CFL "get together" in the US. Are you planning on staying at Guz until then? acw

[Ross]

actually im in shanghai, righ tnow and gloria is in gunagzhou and shes gonna come back and were gonna try and get this all right, its a huge f up right now, and i just hope that everything works out. She said she was the only person that did not get the visa, everyone else was happy and she was very dissapointed. Seeing you guys was a bit og gallows humor to this whole thing, im supposed to fly out the 28th, and have my ticket and everything so i dunno if im gonna go to guangzhou.

Ross