I-864 evidence of income confusion

[sarahnaphtali 0]

Hi Everyone,

I'm in the process of compiling the info to send the I-864 to the NVC. I'm a bit confused about what financial documents to include. I (petitioner) am a US citizen living in the UK. I'm a full-time student and the income from my part-time job does not meet the minium income requirements for filing a tax return from the IRS, therefore, I have not filed a return for the last tax year. Do I really need to include a Verification of Nonfiling form from the IRS or can I supply a Statement of Earnings from UK Inland Revenue showing my pay, along with an affadavit explaining that my income does not meet the IRS minimum requirements for filing? I'm just wondering if this is likely to flag an RFE and should I just file anyway? By the way, I am applying with a co-sponsor (my Dad) who meets the income requirements for a sponsor. Any advice is greatly appreciated!

Thanks!

[lubnajavid 20]

As a USC you are required to file your taxes with the IRS for each year.

Since you are in living in the UK - you may be able to file form 2555 (foreign income exclusion) also.

But you MUST file your taxes...regardless of whether you think you owe taxes or not. You say your income was less than the minimum required by the IRS - i would suggest you STILL file a 1040EZ - wont cost you anything - especially if you use something like turbotax online - and it walks you through the 2555 also.

For the I-864 you will need to provide evidence of filing your tax returns and also you should provide your pay stubs and any other proof of income you have.

Overload them with valid information - dont wait for them to RFE you...

[sarahnaphtali 0]

Thanks for the reply!

It's my understanding that you are only required to file if your gross income meets the standard for your filing status. According to the IRS 2011 Filing Requirements Chart, my gross income does not meet the requirements for my filing status, that's why I haven't filed. I've got pay stubs and a statement of earnings from UK Inland Revenue which will demonstrate that my income was not sufficient for me to file taxes. But you think I should file a return anyway, just to be safe?

[lubnajavid 20]

yes, in my opionion - file a return - for 2011 and file an ammended return for each year you havnt...

that way you can show you did file.

how will you file? are you married? make sure you file accordingly for each year.

[JoannaV 174]

All you have to do is attach a written explanation that your income was too low to be required to file. If you wish to also include evidence of this low income you may do so, though it is not necessary.