I-864 Part 6: What tax return years will be needed?

[KevinNelson]

I'm planning on filing the I-130 about the middle of January. I need my father to fill out the I-864 as well as me. Part 7 requires the adjusted gross income from the most recent 3 years. Problem is this: Taxes for 2014 aren't due until April 15, 2015. W-2's for 2014 aren't even required to be mailed before January 31, 2015.

 

Will I need to worry about the 2014 tax year? For my father, there will be no significant difference. The 2014 tax year for me would look better, but not nearly good enough to file without a co-sponsor.

[Randy W]

I'm planning on filing the I-130 about the middle of January. I need my father to fill out the I-864 as well as me. Part 7 requires the adjusted gross income from the most recent 3 years. Problem is this: Taxes for 2014 aren't due until April 15, 2015. W-2's for 2014 aren't even required to be mailed before January 31, 2015.

 

Will I need to worry about the 2014 tax year? For my father, there will be no significant difference. The 2014 tax year for me would look better, but not nearly good enough to file without a co-sponsor.

 

 

If your interview comes AFTER April 15, they MAY require you to submit copies of your 2014 tax returns.

[dnoblett]

It all has to do with visa interview date, if the interview takes place some time after tax day they can place case into AP pending providing the 2014 tax year return.

[KevinNelson]

How long after the I-130 is filed are most interviews at this point?

 

My wife is a CPC member, though rank and file, no other. Her heart left the group long ago. However, she is an elementary school teacher. To change her membership by any means other than immigration would cause huge problems for both of us. Would that affect the timing of things?

[dnoblett]

How long after the I-130 is filed are most interviews at this point?

 

My wife is a CPC member, though rank and file, no other. Her heart left the group long ago. However, she is an elementary school teacher. To change her membership by any means other than immigration would cause huge problems for both of us. Would that affect the timing of things?

One recent case was 3 months after DCF filing, however the norm is around 4 months. The CCP issue will add some additional time (3 - 6 months) after interview Administrative Processing for approval of CCP waiver.

 

Dont bother trying to leave the party, would have needed to somehow have left the party more than 5 years prior to interview to avoid the inevitable CCP Waiver.

 

Also DO NOT lie to the interviewing officer about CCP, if the LIE is ever caught even years later USCIS can revoke a green-card or even citizenship based on misrepresenting the facts to a government officer.

[newacct]

The 2014 tax year for me would look better, but not nearly good enough to file without a co-sponsor.

What matters is your current (i.e. right now) income, not any past tax returns.

[dnoblett]

 

 

The 2014 tax year for me would look better, but not nearly good enough to file without a co-sponsor.

What matters is your current (i.e. right now) income, not any past tax returns.

That's what the I-864 instructions say, HOWEVER all too often I see NVC or the consulate demand all three years. Why risk a delay over this?

 

IRS transcripts are free and easily got on the IRS website.

[newacct]

 

 

The 2014 tax year for me would look better, but not nearly good enough to file without a co-sponsor.

What matters is your current (i.e. right now) income, not any past tax returns.

That's what the I-864 instructions say, HOWEVER all too often I see NVC or the consulate demand all three years. Why risk a delay over this?

 

IRS transcripts are free and easily got on the IRS website.

 

The I-864 requires past tax return(s). But what I meant was the determination of whether a sponsor meets the requirements is based on current income. So he may meet the requirements even if past years' tax returns don't "look good".

[Randy W]

You are basically at the mercy of the Visa Officer there. We have seen time and again that "enough" is not ENOUGH. The visa officer is required by law to make a detetmination, above and beyond what is in the I-864, as to whether the visa applicant has enough financial support to avoid becoming a "public charge"