I-864 questions, a bit panicked

[Mr. French]

I'm the petitioner for my wife's K3 case. We're currently at the DS-230/I-864 steps. Unfortunately I stumbled upon this community a day after I submitted my I-864 documents electronically and now, having read a number of threads, I'm a little bit worried and not sure what I should do. So, here are a few questions I hope someone here can help me with before I go insane.

 

My taxable income for the past 3 years has been 0. I've been a dependent, unemployed student for the past 3 years and thus have not filed taxes. I submitted with my I-864 a letter explaining my situation, some evidence of having received federal student loans, and evidence of family support for the last couple tax years. I've read here that I should file back taxes despite not having received any income and submit that. Two questions regarding that: Is it necessary for me to do so having submitted the letter and evidence of student loans? And, if so, can my wife take them to the consulate when she goes for her interview or do I need to resubmit the I-864 electronically to the NVC before they send it to the consulate? Is that even possible?

 

Second issue:

My mother very kindly filed as a joint sponsor. Her income is and has been high enough for the past 3 years to meet income requirements (42,000-45,000). Following the instructions for the I-864 she only included her most recent year's tax transcripts and not all three prior years. Now I've been reading on here that the Guangzhou consulate actually requires all three? So, once again, will I need to resubmit the entire I-864 when she obtains those tax transcripts or can my wife just take those to the consulate?

 

I know some of this has been discussed elsewhere but I'm having trouble putting it all together. I'm just so ready for this process to be over so that my wife and I can actually be together again... Thanks for taking the time to read this.

[dnoblett]

Firsly forget about "K-3" if you are sending or email documents like I-864 to NVC, you are on the CR-1 or IR-1 spouse visa path. K-3 has been a visa type that for the most part become obsolete. K-3 was for a time when I-130 was taking a very long time to get approved, the K-3 allowed for a couple to be reunited while waiting for I-130 approval, since USCIS has been tying the petitions together and approving I-130 before sending the petitions to NVC, the function of the K-3 (Waiting for I-130 approval) no longer exists, and NVC closes the K-3 and moves on with CR-1/IR-1 (I-130) petition process. SEE: http://candleforlove.com/forums/index.php?/topic/37703-i29fk3-changes-and-nvc-electronic-processing-for-i-130cr1/

 

NVC will approve or ask you for more for the I-864, if they approve it, then more than likely the consulate will accept this. You should be using a joint sponsor, or have attached strong evidence that your current income is sufficient to sponsor an immigrant, (Employer letter, and copies of pay stubs gong back 6 months or so).

 

Yes it is a suggestion to simply file 1 to 3 past year's returns to IRS even for low or no income and attach a copy of the 1040s to the I-864, one complication is you were married before the end of last year, then a joint return would need to be filed, requiring an ITIN and income info from your spouse.

[tsap seui]

I'm the petitioner for my wife's K3 case. We're currently at the DS-230/I-864 steps. Unfortunately I stumbled upon this community a day after I submitted my I-864 documents electronically and now, having read a number of threads, I'm a little bit worried and not sure what I should do. So, here are a few questions I hope someone here can help me with before I go insane.

 

My taxable income for the past 3 years has been 0. I've been a dependent, unemployed student for the past 3 years and thus have not filed taxes. I submitted with my I-864 a letter explaining my situation, some evidence of having received federal student loans, and evidence of family support for the last couple tax years. I've read here that I should file back taxes despite not having received any income and submit that. Two questions regarding that: Is it necessary for me to do so having submitted the letter and evidence of student loans? And, if so, can my wife take them to the consulate when she goes for her interview or do I need to resubmit the I-864 electronically to the NVC before they send it to the consulate? Is that even possible?

 

Second issue:

My mother very kindly filed as a joint sponsor. Her income is and has been high enough for the past 3 years to meet income requirements (42,000-45,000). Following the instructions for the I-864 she only included her most recent year's tax transcripts and not all three prior years. Now I've been reading on here that the Guangzhou consulate actually requires all three? So, once again, will I need to resubmit the entire I-864 when she obtains those tax transcripts or can my wife just take those to the consulate?

 

I know some of this has been discussed elsewhere but I'm having trouble putting it all together. I'm just so ready for this process to be over so that my wife and I can actually be together again... Thanks for taking the time to read this.

 

Quickly get mom's other two tax years for your records. I don't know how long ago you e-mailed your info to the NVC, but if within the past few days, e-mail the 2008 and 2009 returns to them.

 

They will blue slip you at the interview for not having three years. Adding another 2 or 3 months to your waiting.

 

Your wife can take the 3 years worth of your mom's returns to her interview.....they WILL be looking for them.

 

You say you sent in a letter explaining why you didn't file for three years. That's good, as they WILL want to see WHY you didn't file.

 

I have seen the NVC ask for more tax info, though not often. If you haven't cleared the NVC yet send those other two years in now...just know, you're wife will need them at interview day.

 

This is starting to become a running theme. I think the I-864 says one year but as was shown in another thread GUZ's website and instructions clearly calls for 3 years.

 

GUZ has it's own set of rules, even most so called immigration lawyers don't seem to understand what is called for in China....thank goodness for Candle For Love.

 

Good luck, man. At least your wife hasn't gone to the interview yet. Do what you can now and make sure she has those three years at her interview. The visa officers will not hesitate to blue slip you and add to your wait if you don't have them.

 

tsap seui

[Henry and Mei]

Right off the current I-864 Section 25:

 

 

25. Federal income tax return information.

I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year.

 

(Optional) I have attached photocopies or transcripts of my Federal tax returns for my second and third most recent tax years.

 

Each of these have check boxes by them. You can check one or even both.

 

As we have been discussing, GUZ wants all 3 years. Just a cold hard FACT. And yes, by all means have available at interview.

And if you check the first box, you are saying that you filed the last 3 years, so with all the checking GUZ does, not a surprise to me anyway, that they ask to see them.

 

And the I-864 is for the married folks, but for petitioners including sponsors like me having a fiancee and not using the I-864, since we use the I-134 and is a lot less stringent, we still at GUZ HAD to show all 3 years.

 

Since I am still editing my post, I saw Carl's post. We know that GUZ asks petitioners of both wives and fiancees for all 3 years, BUT I do not see anywhere, where it asks for all 3 years for a I-134 especially if you look at the form. Makes me want to look at other Consulates...maybe

 

As far as stateside, when applying for our AOS I only sent my 2010 Federal Tax return, which made my 2009 return look pitiful including my 2008. So I waited to file my 2010, so unlike at GUZ, I did not want/need a co-sponsor, since looking at my current tax return and my assets I felt/hoped I would be fine and I was. Personally, I want my butt on the line financially, if things here fall apart and not for someone I care about to worry with. Life is all about choices....but at GUZ, they want all 3 years.......do your best or you may see delays...

 

Good Luck!

Edited September 19, 2011 by Henry and Mei (see edit history)

[warpedbored]

Technically the I-864 only requires one year but as others have pointed out GZ can and will ask for whatever they want. The I-134 for a K-1 visa requires 3 years tax returns. This may be partly why GZ likes to see three years.

[Mr. French]

Thanks for the replies. I just called the NVC and they said they wouldn't be sending the I-864 until they receive and review the DS-230 so we're just going to hold off on sending that until I've got my joint sponsor's 2008 and 2009 tax transcripts so that I can e-mail those in. I'm debating whether I should file back taxes for the last three years even though neither I nor my wife have had any taxable income... Thanks again for the information. So glad I found this website before we got any further in the process, or I would have had no idea they'd be asking for all three tax years.

[dnoblett]

Thanks for the replies. I just called the NVC and they said they wouldn't be sending the I-864 until they receive and review the DS-230 so we're just going to hold off on sending that until I've got my joint sponsor's 2008 and 2009 tax transcripts so that I can e-mail those in. I'm debating whether I should file back taxes for the last three years even though neither I nor my wife have had any taxable income... Thanks again for the information. So glad I found this website before we got any further in the process, or I would have had no idea they'd be asking for all three tax years.

Has your spouse sent or emailed to NVC a DS-3032?

 

See this post regarding e-process with NVC, China is different than all other consulates around the world in that there is an electronic process with NVC that will save some months getting around the customs hold in China.

 

http://candleforlove.com/forums/index.php?/topic/37703-i29fk3-changes-and-nvc-electronic-processing-for-i-130cr1/

[Mr. French]

Thanks for the replies. I just called the NVC and they said they wouldn't be sending the I-864 until they receive and review the DS-230 so we're just going to hold off on sending that until I've got my joint sponsor's 2008 and 2009 tax transcripts so that I can e-mail those in. I'm debating whether I should file back taxes for the last three years even though neither I nor my wife have had any taxable income... Thanks again for the information. So glad I found this website before we got any further in the process, or I would have had no idea they'd be asking for all three tax years.

Has your spouse sent or emailed to NVC a DS-3032?

 

See this post regarding e-process with NVC, China is different than all other consulates around the world in that there is an electronic process with NVC that will save some months getting around the customs hold in China.

 

http://candleforlove.com/forums/index.php?/topic/37703-i29fk3-changes-and-nvc-electronic-processing-for-i-130cr1/

 

Yes, we sent the DS-3032 back in early August and we have paid the IV fee. And we did opt in for electronic processing, so everything is being done online. My wife is in the process of scanning various documents for the DS-230 now.

[david_dawei]

If it were me...

1. I would not file back taxes at this point.

2. If I could get mom's 2 prior years before finishing at NVC, I would re-send the AOS

3. I would go ahead and send the DS-230 since there are a bunch of other documents to still do after that, so there is little reason to simply stop altogether right now. Because if they accept what you've sent so far for AOS, they will generate the next letter anyways... So let the processing go on with what it can. You can delay at the IV documents if you want.

4. Regardless of having the 2 prior years ready for NVC or not, I would make sure my wife turned them in on document turn-in day. Don't even ask them if they want the; give them your AOS package in full (3 years).

Edited September 20, 2011 by david_dawei (see edit history)