I-864 and RFE

[Nich-Nick 3,354]

Thank you for the reply!

Another question: his income in 2007 was 0. He didn't file, because he was not required do to so - no income. But now for AOS does he need to have his tax returns for the last three years, even though he made 0?

He called IRS and asked about filing his tax return for 2007, but this will take 2 months. Is he required to file if he didn't make any money that year? Will we have a problem because of that at USCIS?

This is straight from the instructions of the I-864 p. 8

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal incometax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

Form I-864 and Instructions

[Camilla 0]

Ok, but if he made 0$, does IRS require to file? Or he has to attach a written explanation?

[melusine 5]

he has to attach a written explanation