i864 and tax receipts

[tdog222]

Hi everyone. Just wanna applaud you all for the support you give to each other.

 

Question concerning i864 - i was in china the past 4 years, working, so I do not have any w-2s ( didn't file). I have read from a few sources that if I provide my chinese employment contracts and such, i would be ok. Is this right? If there are any posts on this, could you direct me? Thank you so much.

[david_dawei]

1) 9FAM states the public charge issue as follows:

 

"It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge."

 

You do not state if your chinese employment contracts meet/exceed this.

 

2) Even if they do, this is not sufficient proof that you have sustainable income into the future period when she is evaluated against the public charge issues... so your future income in the US is much more important than your past income in china.

 

3) If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file.

 

4) Most likely, you will need a joint sponsor to cover the public charge issue. This is very common for those who are in china prior to coming to the US. Do you have a joint sponsor available ?

 

 

there is a post from a member about not having filing and the explanation they wrote:

 

864 forms and visa and visa turned down

http://candleforlove.com/forums/index.php?showtopic=11053

[tdog222]

1) 9FAM states the public charge issue as follows:

 

"It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge."

 

You do not state if your chinese employment contracts meet/exceed this.

 

2) Even if they do, this is not sufficient proof that you have sustainable income into the future period when she is evaluated against the public charge issues... so your future income in the US is much more important than your past income in china.

 

3) If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file.

 

4) Most likely, you will need a joint sponsor to cover the public charge issue.  This is very common for those who are in china prior to coming to the US.    Do you have a joint sponsor available ?

 

 

there is a post from a member about not having filing and the explanation they wrote:

 

864 forms and visa and visa turned down

http://candleforlove.com/forums/index.php?showtopic=11053

236019[/snapback]

thanks for your response. I will enlist the help of my mother as a co-sponsor as my China salary does not meet the amount. I am in the US now, looking for a job.

 

I am just concerned that while in China 02-06, I did not file any tax returns. For 02-04 I made less than $8k, though for 04-06 I was over. I guess i am in big trouble. Is there anything I can do to remedy this situation?

[Guest pushbrk]

1) 9FAM states the public charge issue as follows:

 

"It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge."

 

You do not state if your chinese employment contracts meet/exceed this.

 

2) Even if they do, this is not sufficient proof that you have sustainable income into the future period when she is evaluated against the public charge issues... so your future income in the US is much more important than your past income in china.

 

3) If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file.

 

4) Most likely, you will need a joint sponsor to cover the public charge issue.  This is very common for those who are in china prior to coming to the US.    Do you have a joint sponsor available ?

 

 

there is a post from a member about not having filing and the explanation they wrote:

 

864 forms and visa and visa turned down

http://candleforlove.com/forums/index.php?showtopic=11053

236019[/snapback]

thanks for your response. I will enlist the help of my mother as a co-sponsor as my China salary does not meet the amount. I am in the US now, looking for a job.

 

I am just concerned that while in China 02-06, I did not file any tax returns. For 02-04 I made less than $8k, though for 04-06 I was over. I guess i am in big trouble. Is there anything I can do to remedy this situation?

236151[/snapback]

You can always file tax returns late. If you don't owe any money, there is no penalty. Don't be afraid to call the IRS directly with your tax questions. This is one of the cases where they actually will "help" you.

[david_dawei]

As for USCIS and DOS, A joint sponsor will take care of the financial shortfall you have.

 

As for the IRS, that's a separate issue... You can write a letter explaining why you didn't file (out of the country). USCIS cannot force you to file taxes, but the burden is on you to explain why you did not.

 

If in fact you should of filed (based on income level was sufficient for filing), then that could pose an issue... as mike suggests, you can get them in still.