I-864

[Erthwhile 0]

Hi,

since my wife is a full time student, she didn't file for taxes for 2008 and 2009. She wrote an explanatory note stating that she didn't file for taxes because she didn't meet the requirements as stated by publications 17 and 54 released by IRS in that she was unemployed and full time student and didn't have any income whatsoever.

Is this good enough or more is needed?

thanks!

[Penguin_ie 5,993]

That sounds perfect.

[TOM&Riz 4]

Hi,

since my wife is a full time student, she didn't file for taxes for 2008 and 2009. She wrote an explanatory note stating that she didn't file for taxes because she didn't meet the requirements as stated by publications 17 and 54 released by IRS in that she was unemployed and full time student and didn't have any income whatsoever.

Is this good enough or more is needed?

thanks!

Note: Typical proof that a sponsor was not required to file a tax return for a particular year would consist of a written statement from the sponsor, signed under penalty of perjury, attesting to the amount of his or her income for the relevant year and to the fact that a tax return was not required by law. USCIS adjudicators handling Form I-864 issues should be aware of the income threshold for the requirement of filing a tax return for the last several years, so that an RFE for evidence of the law is not necessary. In particular, the Instruction booklets for each year’s Forms 1040, 1040A, and 1040EZ specify the income threshold below which a person is not required to file a return.

source: HQRPM 70/21.1.13 Chapter 20.5 of the Adjudicator’s Field Manual

[Erthwhile 0]

hi there,

could you suggest me a template then? My wife filed for taxes for the year 2007 even though she earned less than 5000 usd (part time jobs). But in the last two years she had no income AT ALL. Please help me on this!!

[HeidiItaly 0]

Rob, I just wrote a simple letter like you stated in your intial post. The Naples embassy didn't have any problems accepting. Just make sure your wife dates it, includes her full name, a statement that she is filing on behalf of you (your full name, include the NPL # too), and then the statement about why she doesn't have tax returns for the years 2008 and 2009. Then have her sign and date the bottom. That's it! Good luck, waiting to hear when your appointment is. We leave in one week for the US, so I'll keep my fingers crossed for you.

[Erthwhile 0]

Is a letter from IRSnecessary!??

[HeidiItaly 0]

No, not necessary. At least in Naples (from our very recent experience).

[Erthwhile 0]

No, not necessary. At least in Naples (from our very recent experience).

Thanks Heidi!! I am having my joint-sponsor mail me an explanaotry note of why certain dividends from a trust fund she's the beneficiary of don't have any 1099-DIV and -INT form attached and then I am rwady to go!!