No W2 from Petitioner

[Moyo 0]

My spouse has been unemployed for 2 years. We have a strong cosponsor. Can we submit the one from 3 years ago and put 0 on the 864? Our cosponsors will be submitting their w2s with the 864.

[Done--Really 331]

Yes, but you also need to write a letter explaining why you didn't file taxes--very simple--you didn't earn enough to get above the filing threshold.

[Moyo 0]

Yes, but you also need to write a letter explaining why you didn't file taxes--very simple--you didn't earn enough to get above the filing threshold.

We will thank you!

[HeatDeath 430]

That's what we did. My now-wife had been out of work for quite a while when we did our AOS. We had a cosponsor, though, so that was fine.

Of the three preceding years, my wife had only filed taxes for the middle one, so we included that return, with the W-2, and a letter saying that during the other two years she had not earned above the filing threshold and had therefore not filed a tax return. We listed her current income as zero on the I-864, and we got accepted with no problems.

Obviously we had a full set of tax returns, W-2s, and other documentation for our cosponsor. So yeah, it sounds like your'e on the right track.