I-864 vs I-864A

[Bill-Adriana 0]

I hope this is the right place to post this...

My wife and I live in Brasil. I've lived in Brasil for the last 20+ years. We're doing a DCF and just had our I-130 approved and are waiting for the information packet.

Since I've worked in Brasil all this time, I have had no US income and accordingly have not filed any US income tax. As I understand the I-864 instructions, I'll need to prove why I haven't filed. What kind of document/declaration would fulfill that requirement?

My Mom has filled out an I-864 as co-sponsor and her income more than covers the requirements, but now I've seen mention of a form I-864A. I'm not sure what the purpose of this form is. Also, I see the 864A is supposed to be signed and notarized, but the 864 is just signed without the need to notarize. Is this correct?

Could anyone please help?

Thank you!

Bill&Adriana

[Bobby+Umit 161]

You have to make a statement stating the reasons you did not file, and a reference to the IRS rules that back up that reason(s).

If you cannot, you must do your back taxes before they will consider your 864.

864A is used for members of the same household, so unless you will be living with your mother when you get home, she should be using the 864.

About the notary - that is what the instructions state.

[Bill-Adriana 0]

You have to make a statement stating the reasons you did not file, and a reference to the IRS rules that back up that reason(s).

If you cannot, you must do your back taxes before they will consider your 864.

About the notary - that is what the instructions state.

Thanks for the quick response!

You mentioned a reference to the IRS rules that back up my statements. The only thing I found was in the form 1040 instructions that says, "If your filing status is "single" and at the end of 2009 you were "under 65" then file a return if your gross income was at least $9,350"

I have had no income in the US for the last 22 years. It would be easy to prove income, but how do I prove I didn't have any? Will I need to?

Thanks again for your help.

Bill&Adriana