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Filed: Citizen (pnd) Country: India
Timeline
Posted
Petitioner: Please provide signed letter of explanation as to why Petitioner did not file IRS Form 1040 in 2005 and 2006, including copy of/citation to IRS publication explaining why you were not obligated to file. (See NVC website: "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. For general information on income tax obligations, visit the IRS website.")

I have been searching all day for the publication from IRS website, but haven't been able to figure it out yet. Can anyone give me a direct link of IRS website where they have mentioned the criteria for who is exempted from filling taxes?

My husband was jobless on both 2005 and 2006 and only did random jobs, from day labour to fixing up someone's house, so he didn't have any earning to pay taxes.

Also, do we need to notarize the letter of explanation to NVC plus how that letter format should be like? I mean should it start as….. To whom so ever it may concern. Or To NVC......

Thanks for any help regarding this.

Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline
Posted (edited)
Petitioner: Please provide signed letter of explanation as to why Petitioner did not file IRS Form 1040 in 2005 and 2006, including copy of/citation to IRS publication explaining why you were not obligated to file. (See NVC website: "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. For general information on income tax obligations, visit the IRS website.")

I have been searching all day for the publication from IRS website, but haven't been able to figure it out yet. Can anyone give me a direct link of IRS website where they have mentioned the criteria for who is exempted from filling taxes?

My husband was jobless on both 2005 and 2006 and only did random jobs, from day labour to fixing up someone's house, so he didn't have any earning to pay taxes.

Also, do we need to notarize the letter of explanation to NVC plus how that letter format should be like? I mean should it start as….. To whom so ever it may concern. Or To NVC......

Thanks for any help regarding this.

Silent,

My husband called IRS to request tax transcripts for 2005-2007. Since he was out of job, living oversea and in between jobs in 2005 and 2006, he didn't meet the minimum requirement to file taxes in this two years.

So, IRS sent him a tax transcript for 2007, and a "proof of non filing" for 2005 and 2006.

I have my husband attached a written explanation why he was not obligated to file in 2005 and 2006.

Since he is only required to submit 2007 tax transcript and proof of "current income", we just prepared the 2005 and 2006 tax information, in case they ask for it.

I think the IRS publication 17 has the reference on "who should file a return".

HTH

Leah

Edited by Todd-Leah

USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

Filed: Citizen (pnd) Country: India
Timeline
Posted

Thanks Leah,

The problem with the publication is, it is for year 2007 and I want it for 2005 and 2006.

All this time I thought only a written explaination is enough, but now its the new twist that we need to find the exact reasoning of tax exemption from IRS website.

Posted

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

will tell you where you need to look

Sent I-130 to VT 25-Oct-2007

I-130 Moved to California 6-August-2008

My petition has been in 3 states (1, twice) in 9 months!

Rec'd by CSC 8/9, touched 8/11, 8/12, 8/15, 8/20, 8/25

Approved Tuesday, 25-August-2008

10 months since we mailed the petition

Rec'd NVC 9/3, Invoice Generated 9/10, DS-3032 emailed 9/11.

Rec'd AOS invoice 9/15, paid online 9/15, Accepted as Paid 9/18, mailed I-864EZ 9/19

IV Invoiced 9/18, paid online 9/19, Accepted as paid 9/22

DS-230 sent 10/2

Case complete @NVC 10/8 - 11 months, 1 week and 6 days

Interview in Montreal December 18, 2008 - scheduled 1 year, 1 week and 3 days after the start of our journey. Takes place 1 year, 1 month, 3 weeks and 2 days after the start...

[X] Passed [ ] Failed Interview

Thursday, April 2, 2009 Activated Visa - 1 year, 5 months, 1 week and 1 day

Filed: Citizen (pnd) Country: India
Timeline
Posted

Thanks MsZ

But here is something I want to confirm

You must file a tax return if your income is above a certain level. The amount varies depending on filing status, age and the type of income you receive.

For example, a married couple both under age 65 generally is not required to file until their joint income reaches $17,500. However self-employed individuals generally must file a tax return if their net income from self employment was at least $400.

Can we just attest this with our explaination letter rather than the whole page. My reason is that, the page specifically deals with 2007 tax returns, which my husband has filled, also his income was way lower than 17,500 on both 2005 & 2006

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted
Thanks MsZ

But here is something I want to confirm

You must file a tax return if your income is above a certain level. The amount varies depending on filing status, age and the type of income you receive.

For example, a married couple both under age 65 generally is not required to file until their joint income reaches $17,500. However self-employed individuals generally must file a tax return if their net income from self employment was at least $400.

Can we just attest this with our explaination letter rather than the whole page. My reason is that, the page specifically deals with 2007 tax returns, which my husband has filled, also his income was way lower than 17,500 on both 2005 & 2006

why dont u make life simple and have someone act as a joint sponsor. i am guessing you would not need to go through all of this in that case.

USCIS (Vermont Service Center) Journey

Mailed I-130 Packet on 05/27/08

Approved: 12/23/08

NVC Journey

NVC Case Number assigned 01/02/09

Case Completed 01/21/09

End of Visa Journey

New Delhi Embassy Interview 03/17/09

VISA APPROVED!!!!!

Filed: IR-1/CR-1 Visa Country: Malaysia
Timeline
Posted (edited)
Thanks MsZ

But here is something I want to confirm

You must file a tax return if your income is above a certain level. The amount varies depending on filing status, age and the type of income you receive.

For example, a married couple both under age 65 generally is not required to file until their joint income reaches $17,500. However self-employed individuals generally must file a tax return if their net income from self employment was at least $400.

Can we just attest this with our explaination letter rather than the whole page. My reason is that, the page specifically deals with 2007 tax returns, which my husband has filled, also his income was way lower than 17,500 on both 2005 & 2006

Try google "publication 17 200x", you can pull up publication 17 for years 2005 and 2006 that way.

I think you just need to make reference to Publication 17 and the specific Table in your letter, no need to attach it.

Leah

Edited by Todd-Leah

USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

Filed: Citizen (pnd) Country: India
Timeline
Posted
why dont u make life simple and have someone act as a joint sponsor. i am guessing you would not need to go through all of this in that case.

We do have a joint sponsor, but as any other case, my husband is the main sponsor and he does need to submit a few things at NVC explaining why he can't be the sole sponsor.

Filed: Citizen (pnd) Country: India
Timeline
Posted
Try google "publication 17 200x", you can pull up publication 17 for years 2005 and 2006 that way.

I think you just need to make reference to Publication 17 and the specific Table in your letter, no need to attach it.

Leah

Ahh thank you thank you thank you :dance: got both 2005 & 2006 publications.

Thanks again.

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
My husband was jobless on both 2005 and 2006 and only did random jobs, from day labour to fixing up someone's house, so he didn't have any earning to pay taxes.

The higlighted above could constitute self-employment income... and if it was more than $400, then you might have had a filing requirement.... You most likely will not have any income tax liability but you may have a self-employment tax liability.

Edited by fwaguy

YMMV

 
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