Federal tax return

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Hi Vjers,

I am in crossroad that I really need your input.Am a beneficiary to an approved 1-130 Direct consular filed petition and my wife is the US Citizen. Our joint incomes per year since we got married since 2009 are below USD$19,000.I read from IRS 1040 Form filing instruction of who must file Federal Income tax with IRS.We live in South Africa and have received proofs detailing our Income statements& assessments. We have secured an affidavit of support that meets the required Income. Is it necessary to file US Income tax return or solely rely to submit our Foreign tax transcripts detailing our Income that is below income level that exempts us to file US tax return?

I will be very grateful to read your opinions and many thanks in advance

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The affidavit of support is for the individual sponsor, not a couple. What is the US citizen's individual income for those years?

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Your income doesn't matter, only the USC. By saying that you secured an affidavit of support, are you saying that you have a joint sponsor and using their income to meet the requirement and not your wife's? If no US income tax return, then there is zero income that can be used for support, which is fine so long as you have a joint sponsor and add a letter to state why your wife was not required to file a return.

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You wrote:By saying that you secured an affidavit of support, are you saying that you have a joint sponsor and using their income to meet the requirement and not your wife's? My response: That is correct. My in-law residing in States has filled the 1-834 form as my joint sponsor.His annual salary is USD$71,879.

Your opinion is for me to opt writing a letter with her local tax statements and assessments as proofs serving explaining why she did not file US tax returns?

Thanks in advance

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The affidavit of support is for the individual sponsor, not a couple. What is the US citizen's individual income for those years?

She earned below USD$40,000 for the last three years.

Thanks

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You wrote:By saying that you secured an affidavit of support, are you saying that you have a joint sponsor and using their income to meet the requirement and not your wife's? My response: That is correct. My in-law residing in States has filled the 1-834 form as my joint sponsor.His annual salary is USD$71,879.

Your opinion is for me to opt writing a letter with her local tax statements and assessments as proofs serving explaining why she did not file US tax returns?

Thanks in advance

If the US citizen spouse was not required to file a tax return they submit an affidavit per the I-864 instructions page 8.

Do not go down the path of the joint filing with an alien spouse. Just focus on the US citizen spouse individually.

[Scott & Ale 3]

You wrote:By saying that you secured an affidavit of support, are you saying that you have a joint sponsor and using their income to meet the requirement and not your wife's? My response: That is correct. My in-law residing in States has filled the 1-834 form as my joint sponsor.His annual salary is USD$71,879.

Your opinion is for me to opt writing a letter with her local tax statements and assessments as proofs serving explaining why she did not file US tax returns?

Thanks in advance

Not my opinion, the instructions on the I-864 form are:

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. 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.

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If the US citizen spouse was not required to file a tax return they submit an affidavit per the I-864 instructions page 8.

Do not go down the path of the joint filing with an alien spouse. Just focus on the US citizen spouse individually.

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You wrote:If the US citizen spouse was not required to file a tax return they submit an affidavit per the I-864 instructions page 8.My response: Thanks for the reference but again, must the ought to be submitted affidavit be a plain explanation while tax return was not filed or must We notarize it?

Do not go down the path of the joint filing with an alien spouse. Just focus on the US citizen spouse individually.

Not my opinion, the instructions on the I-864 form are:

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. 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.

Thanks for the reference but again, must the ought to be submitted affidavit be a plain explanation while tax return was not filed or must We notarize it?

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Not my opinion, the instructions on the I-864 form are:

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. 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.

Thanks very much