taxes and the I-864

[MN2China]

so I havent made enough money in the past 3 years to have to file taxes (been a student or just working part time) so my mother is going to be co-sponsoring.
My lawyer suggested that I write a letter stating why I havent filed taxes and to have it notarized by someone at the US embassy, which to be honest im not even sure how to do.

Any other advice for someone with no taxes?

[dnoblett]

A student without income can be explained, however a person who works part time still files a return.

 

If income was below a certain amount (Around ~ $9750) then you need to explain this amount and that a return was not needed because of this.

 

http://www.irs.gov/newsroom/article/0,,id=105097,00.html

 

http://www.aztaxpros.org/public/faq.php (Don't quote this, need to use IRS documents to show were not required to file a return)

[MN2China]

A student without income can be explained, however a person who works part time still files a return.

 

If income was below a certain amount (Around ~ $9750) then you need to explain this amount and that a return was not needed because of this.

 

http://www.irs.gov/newsroom/article/0,,id=105097,00.html

 

http://www.aztaxpros.org/public/faq.php (Don't quote this, need to use IRS documents to show were not required to file a return)

 

 

The times I worked part time were always short times (the longest being 9 months) and so i never made over 6k a year, thus I never filed. So with that said is writing a letter explaining my lack of tax records all I need to do?

[Randy W]

Just some general notes that probably don't apply to you, since you're below the minimum.

 

The minimum to file for a single taxpayer is the amount of a personal exemption plus the standard deduction for one person. For 2011, this is $3700 exemption, plus $5800 deduction or $9500. This minimum ONLY applies if you are NOT listed as a dependent on another return (your parents?).

 

If you DO NOT file, you cannot claim the foreign earned income exclusion. If you earned ABOVE this amount, you may be required to file, even if you owe $0 tax, in order to claim the exclusion.

[MN2China]

Just some general notes that probably don't apply to you, since you're below the minimum.

 

The minimum to file for a single taxpayer is the amount of a personal exemption plus the standard deduction for one person. For 2011, this is $3700 exemption, plus $5800 deduction or $9500. This minimum ONLY applies if you are NOT listed as a dependent on another return (your parents?).

 

If you DO NOT file, you cannot claim the foreign earned income exclusion. If you earned ABOVE this amount, you may be required to file, even if you owe $0 tax, in order to claim the exclusion.

 

I haven't worked abroad so this shouldn't be a problem..?

 

Another question i have, so when I fill out my I-864 and my mother fills one out as well (she will be my sponsor), do we send them along with the rest of the packet? or do we save them until interview time. (we are preparing everything now since we just got the go ahead to send everything)

[dnoblett]

I haven't worked abroad so this shouldn't be a problem..?

 

Another question i have, so when I fill out my I-864 and my mother fills one out as well (she will be my sponsor), do we send them along with the rest of the packet? or do we save them until interview time. (we are preparing everything now since we just got the go ahead to send everything)

If was abroad for schooling, just note this or not working and how was supported.

 

As for I-864, no your parent is not sponsoring you, you are not the immigrant. Your parent will be joint sponsor of your spouse who is immigrating.

 

You will be primary sponsor, parent will be joint sponsor.

 

Since you are not living at home and not claimed on parent's return, your parent will not be counting you as a dependent either.

[Randy W]

Just some general notes that probably don't apply to you, since you're below the minimum.

 

The minimum to file for a single taxpayer is the amount of a personal exemption plus the standard deduction for one person. For 2011, this is $3700 exemption, plus $5800 deduction or $9500. This minimum ONLY applies if you are NOT listed as a dependent on another return (your parents?).

 

If you DO NOT file, you cannot claim the foreign earned income exclusion. If you earned ABOVE this amount, you may be required to file, even if you owe $0 tax, in order to claim the exclusion.

 

I haven't worked abroad so this shouldn't be a problem..?

 

Another question i have, so when I fill out my I-864 and my mother fills one out as well (she will be my sponsor), do we send them along with the rest of the packet? or do we save them until interview time. (we are preparing everything now since we just got the go ahead to send everything)

 

 

I had assumed you worked in China and would be eligible for the exclusion if you had other income - but YES never mind for your case. The information may help someone else, though.

[MN2China]

I haven't worked abroad so this shouldn't be a problem..?

 

Another question i have, so when I fill out my I-864 and my mother fills one out as well (she will be my sponsor), do we send them along with the rest of the packet? or do we save them until interview time. (we are preparing everything now since we just got the go ahead to send everything)

If was abroad for schooling, just note this or not working and how was supported.

 

As for I-864, no your parent is not sponsoring you, you are not the immigrant. Your parent will be joint sponsor of your spouse who is immigrating.

 

You will be primary sponsor, parent will be joint sponsor.

 

Since you are not living at home and not claimed on parent's return, your parent will not be counting you as a dependent either.

 

 

Ok so do I send these with the packet or save them for the interview?

[dnoblett]

Ok so do I send these with the packet or save them for the interview?

Save for interview, the I-864 along with other required docs like police cert, birth cert etc... are turned into the consulate the day before the interview.

 

Only thing from packet 3 that gets mailed to the consulate will be OF-169 and DS-230, packet 3 contains an I-864 for you to prepare for interview, and the instructions with Packet 3 tells you whet to mail to them.

 

http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm

[MN2China]

Ok so do I send these with the packet or save them for the interview?

Save for interview, the I-864 along with other required docs like police cert, birth cert etc... are turned into the consulate the day before the interview.

 

Only thing from packet 3 that gets mailed to the consulate will be OF-169 and DS-230, packet 3 contains an I-864 for you to prepare for interview, and the instructions with Packet 3 tells you whet to mail to them.

 

http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm

 

So you just send the OF-169 with the boxes checked and signed, the ds-230, a cpoy of his passport's bio page, and the mailing label?

 

Am I understanding that correctly?

 

why does it say this on the bottom of the form then..

 

Enclosures:

1. Form DS-230: Application for Immigrant Visa and Alien Registration 2. Form I-864, Affidavit of Support

Edited January 15, 2012 by MN2China (see edit history)

[dnoblett]

Enclosures simply means what should be in the package sent from consulate to beneficiary, it does not mean what you send back to the consulate.

 

Study the OF-169 it tells you what needs to be returned to consulate, it also states that anything not indicated to send them will be discarded.

 

Complete and send the enclosed form DS-230, Application for Immigrant Visa and Alien Registration as well as this document (Form 169) together with a copy of the bio page of your current passport. Obtain the following documents on this checklist that pertain to you. As you obtain each document, check the box before each item. Do NOT send the actual documents to the Consular office except for the Mailing Address Label, as we will have to destroy them. You will not be scheduled for an appointment until you submit these forms.

http://photos.state.gov/libraries/guangzhou/47024/IV%20p3/IV%20Instruction%20-Oct_10.pdf Edited January 15, 2012 by dnoblett (see edit history)

[MN2China]

ok so i just send the OF-169 with the boxes checked and signed, the ds-230, a cpoy of his passport's bio page, and the mailing label?

 

 

Please give me a yes or a no or tell me if I need more... the Of-169 confuses me thats why im asking people on here not just looking at the sheet

[dnoblett]

ok so i just send the OF-169 with the boxes checked and signed, the ds-230, a cpoy of his passport's bio page, and the mailing label?

 

 

Please give me a yes or a no or tell me if I need more... the Of-169 confuses me thats why im asking people on here not just looking at the sheet

 

That's it, however to be clear it is he the beneficiary who is signing the DS-230 and OF-169.

 

One note about DS-230, there is a line on page 4 that says DO NOT WRITE OR SIGN BELOW.. This part will be done at the interview in front of visa officer.

[MN2China]

when im writing the address on the mailing label am I suppose to write that in chinese or in pinyin?

[Beachey]

The EMS label should be filled out in Chinese characters.