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Filed: AOS (apr) Country: Montenegro
Timeline
Posted

Hello.

my mom is on SSI supplemental income and is exempt from filling taxes.

Mom is sponsoring her son for immigrant visa and at the interview today he was asked to provide a

letter explaining why is she exempt from taxes. What is this letter suppose to contain?

I searched and couldn't find anything about it!

Thank you

Posted

She will need to compose a letter stating why she didn't need to file taxes, and reference the IRS code that allows that.

simple as that.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Montenegro
Timeline
Posted

She will need to compose a letter stating why she didn't need to file taxes, and reference the IRS code that allows that.

simple as that.

Thank you for your quick reply.

Any idea what IRS code is that and where to search for it?

I just want to make sure everything is ok this time...

I am loosing patient with immigration :(

Posted

Thank you for your quick reply.

Any idea what IRS code is that and where to search for it?

I just want to make sure everything is ok this time...

I am loosing patient with immigration sad.gif

Not knowing the tax situation, I would suggest you talk to a tax expert, and they can advise you of the paticular IRS code that you will need.

(this may guide you)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Montenegro
Timeline
Posted

Not knowing the tax situation, I would suggest you talk to a tax expert, and they can advise you of the paticular IRS code that you will need.

(this may guide you)

Thank you! I wonder if just saying that she is on SSI and SSI is tax exempt per publ. 907 should do it?

Filed: Other Country: Philippines
Timeline
Posted

Indulgence to the original poster and to the moderators but please allow me to post my mother's case since it is similar as yours. Just move my post if necessary.

Mother filed I130: priority dates almost current

Sponsor is unemployed since 2006

NVC requesting for the AOS.

Thing is sponsor have not filed IRS since 2007. I have noted above response with regards to original poster.

I have also posted in other forums. Their response was similar with this " print section p17 of the IRS guidelines (which contains the qualifying factors to those who need to file) and an affidavit stating why the sponsor is exempted from filing the irs returns.

My question are:

1) Is the affidavit needed to be notarized?

2) Format of the letter

Any info peeps is highly appreciated

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)

Hi,

No where does it say it needs to be notarized. They just want you to explain why they were tax exempt, simply.

"If you were not required to file a Federal income tax 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".

Something along the lines of:

I was not required to file tax returns for 2007, 2008 and 2009 as I was unemployed and had zero income. According to the IRS guidelines if I had no income I was not required to file.

If it's for another reason, include the reason and the tax reference.

I was not required to file tax returns for 2007, 2008 and 2009 as I only received SSI which is not taxable. Please see the attached document, IRS publication <publication number>. I have highlighted the area that applies to my income.

Signed

Dated.

Edited by trailmix
Filed: Other Country: Philippines
Timeline
Posted

Hi,

No where does it say it needs to be notarized. They just want you to explain why they were tax exempt, simply.

"If you were not required to file a Federal income tax 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".

Something along the lines of:

I was not required to file tax returns for 2007, 2008 and 2009 as I was unemployed and had zero income. According to the IRS guidelines if I had no income I was not required to file.

If it's for another reason, include the reason and the tax reference.

I was not required to file tax returns for 2007, 2008 and 2009 as I only received SSI which is not taxable. Please see the attached document, IRS publication <publication number>. I have highlighted the area that applies to my income.

Signed

Dated.

Thank you so much trailmix.

More power to you.....

 
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