I-864 - No tax return, sponsor was out of the US

[Laura. 90]

I'm planning ahead quite a bit here, as we got our K1 NOA2 on the 10th June.

We are hoping that I will enter the US either August or September, depending when I get my interview, giving us enough time to plan a mid-October wedding. Which means I will then be sending off for AOS end of October or November time.

So my dilemma is, until Feb my fiance was in the UK, working a part time job that made less than $9,000. As far as I'm aware this means he didn't have to file taxes. In March he got a great new job in the US and is now earning around $40,000 a year, plenty to support a household of 2.

What would be our best way to approach the I-864 when it comes to it? Are we going to need a co-sponsor, despite his current income, because he has no taxes to show past income?

[Harpa Timsah 13,258]

If he can prove current income with a letter from his employer he should be all set.

[Laura. 90]

If he can prove current income with a letter from his employer he should be all set.

Really? I didn't think it would be that simple.

We will have no problem proving current income, he can get a letter from employer, and will have plenty of pay stubs if they will help.

Will he need to include a letter explaining why he hasn't filed any taxes?

(Thanks for the quick reply btw)

[aaron2020 11,651]

In the cover letter, simply state that he was not required to file income tax returns for those years because his income was below the threshold requiring him to file. That's it. No need to go further on the taxes for those years.

[Harpa Timsah 13,258]

You will have to show that he was not required to file taxes in previous years. Being out of the country isn't a good enough reason, but I think you understand that.

[KayDeeCee 4,893]

Provide a written explanation as to why he was not legally required to file taxes for any of the last 3 years he did not file. Details found on page 6 of the I-864 instructions> http://www.uscis.gov/files/form/i-864instr.pdf

[Nich-Nick 3,354]

I'm planning ahead quite a bit here, as we got our K1 NOA2 on the 10th June.

We are hoping that I will enter the US either August or September, depending when I get my interview, giving us enough time to plan a mid-October wedding. Which means I will then be sending off for AOS end of October or November time.

So my dilemma is, until Feb my fiance was in the UK, working a part time job that made less than $9,000. As far as I'm aware this means he didn't have to file taxes. In March he got a great new job in the US and is now earning around $40,000 a year, plenty to support a household of 2.

What would be our best way to approach the I-864 when it comes to it? Are we going to need a co-sponsor, despite his current income, because he has no taxes to show past income?

Hi Laura Clare--

I had this discussion with KatieFlossom recently. She had a question about the form itself, as well as the tax return. I think the thread will help you because I made a sample statement for her to go by.

http://www.visajourney.com/forums/topic/436626-i-864-didnt-file-most-recent-taxes/

[Laura. 90]

Hi Laura Clare--

I had this discussion with KatieFlossom recently. She had a question about the form itself, as well as the tax return. I think the thread will help you because I made a sample statement for her to go by.

http://www.visajourney.com/forums/topic/436626-i-864-didnt-file-most-recent-taxes/

Ah thank you!

[L and T 9]

My wife lived with me in Germany for most of last year, so she didn't have any income in 2012 and she didn't file a tax return. We explained this fact in a letter together with the I-864, and we didn't get any RFE, in fact we had our AOS interview yesterday and this topic never came up.

[Laura. 90]

My wife lived with me in Germany for most of last year, so she didn't have any income in 2012 and she didn't file a tax return. We explained this fact in a letter together with the I-864, and we didn't get any RFE, in fact we had our AOS interview yesterday and this topic never came up.

Oh wow, that's such a relief to hear. Thank you!

Did you just send proof of current income then?

[L and T 9]

Oh wow, that's such a relief to hear. Thank you!

Did you just send proof of current income then?

My wife works as an independent contractor, so she doesn't have any paystubs. We explained the situation and sent supporting evidence to this effect, i.e. letter from the company she is working for, estimated income.