What do you do when you file the i-864 and the petitioner hasn't filed taxes for 10 years

[chinausa 7]

If her income was zero then she was not legally required to file. A letter explaining this is all that's needed.

Totally agreed with what "JimVaPhuong" said.

you can write a letter to explain she doesn't need to file tax return if she didn't have any income. 1 qualified joint sponsor is enough for you in that case.

[Harsh_77 718]

If her income was zero then she was not legally required to file. A letter explaining this is all that's needed.

Then you will need a sponsor.

You will need some sponsor if your wifes income was $0.00

But in anycase you will need tax returns, you cannot just fill all the back 1040s and take them to CO

[VanessaTony 3,567]

thank you very much, this is the document i have drawn up: i will take it in today:

<snip>

Ignore anyone who's telling you she NEEDS tax returns. She doesn't because her income was $0. Your letter looks good and that's all that's required FOR HER.

Your co-sponsor will need tax returns for the last financial year showing that s/he earned enough to support their household size plus the immigrant. As long as you have that you should be okay.

GOOD LUCK!

[fazmo 24]

You DO NOT need to file taxes for your wife if her income was 0. You may obtain a certificate of non-filing from IRS or just write your own statement that there was no income and therefore IRS did not require a tax return. In the affidavit of support, report your wife's income as 0, then report the income of the co-sponsor. They only look for the total amount (Sponsor's income - in this case zero - and Co-sponsor's income) to determine the financial standing of the case. I know one such case where they have submitted a certificate of non-filing (along with co-sponsor's documents) and there was no problem.

[mandol 0]

If her income is below the filing requirement, then she would not need to file a tax return. As the form I-864 instructions state (page 8), in that case the sponsor would include a statement giving the reason that they are not required to file. A statement to the effect of my income in 20xx was $xxxx which is below the amount required to file a tax return.

For the prior filed return(s) you can call the number in the link given above. I believe it's only the most recent 3 years that are available. For anything that she files now it takes a bit of time for the return to get into the system in order to receive a transcript. Transcripts are required for late filed returns. Milimelo's advice above is best if you need proof of filing ASAP.

Hi,

I have one last question:

on the I-864 in part 3:

On Question 8. For my wife because she has no income i selected NO and on the joint sponsor in the other i-864 i selected YES

"8.Relationship to Sponsored Immigrant

I am sponsoring the principal immigrant named in Part 2 above.

Yes/ No (Applicable only in cases with two joint sponsors)"

Was this done correctly?

[JimVaPhuong 4,863]

Hi,

I have one last question:

on the I-864 in part 3:

On Question 8. For my wife because she has no income i selected NO and on the joint sponsor in the other i-864 i selected YES

No, wrong. Your wife is the primary sponsor. She MUST sponsor the principal immigrant. You only answer "no" to that question if there is more than one immigrant, and you have two joint sponsors, and one of the joint sponsors is sponsoring the primary immigrant and one is sponsoring the derivative immigrant. In that case, the joint sponsor who is sponsoring the derivative immigrant would check "no". Everyone else checks "yes".

[mandol 0]

No, wrong. Your wife is the primary sponsor. She MUST sponsor the principal immigrant. You only answer "no" to that question if there is more than one immigrant, and you have two joint sponsors, and one of the joint sponsors is sponsoring the primary immigrant and one is sponsoring the derivative immigrant. In that case, the joint sponsor who is sponsoring the derivative immigrant would check "no". Everyone else checks "yes".

Thank you, i am going to have to move fast to correct this silly error!

[mandol 0]

No, wrong. Your wife is the primary sponsor. She MUST sponsor the principal immigrant. You only answer "no" to that question if there is more than one immigrant, and you have two joint sponsors, and one of the joint sponsors is sponsoring the primary immigrant and one is sponsoring the derivative immigrant. In that case, the joint sponsor who is sponsoring the derivative immigrant would check "no". Everyone else checks "yes".

Would a mistake like that need me to resubmit the I-864 with the correct block selected?

i know it might sound like a stupid question, but it's more out of desperation, i have to try lol...

[Dan Nguyen 3]

If her income was zero then she was not legally required to file. A letter explaining this is all that's needed.

Is this grounds for denial if petitioner's income is zero even if there's a joint sponsor that meets the Poverty Guideline?

[mandol 0]

Is this grounds for denial if petitioner's income is zero even if there's a joint sponsor that meets the Poverty Guideline?

No, i want ot know of in section question 8, i selected the incorrect box, would this hold up the application?

[H and Nila 0]

No if your co-sponsor meets guidlines you should be fine. Both will need to do I-864's as stated on travel.state.gov site under "Affidavit of Support" and she can send in a statement with IRS guideline as to why she did not have to file taxes

No, i want ot know of in section question 8, i selected the incorrect box, would this hold up the application?