Taxes for Affadavit of Support i-864 AOS

[1k1please 2]

Hi all, it's AOS package time!

So for the form i-864 affadavit of support this is what we have...

1 x form i-864 filled in by my wife who has not filed tax returns for the last 2 previous years (2013, 2012) due to having under-the-tax-threshold income and in the later year being unemployed/living off savings while we traveled, but she does have a complete transcript from 2011 so we've listed that on the income section. We will write a letter explaining why she has not filed the past 2 previous years due to low income/unemployment.

1 x form i-864 filled in by my wifes auntie who is our only joint sponsor, she has filed all 3 previous tax years and we have her transcripts stating her income is way over the poverty guideline.

My main question is, will we need to get a "varification of non-filling" from the IRS to confirm my wife's non-filing for 2013/2012 or will the statement be enough in this case?

Your comments are much appreciated.

Thanks so much.

[Nich-Nick 3,354]

They tell you in the instructions. Read them carefully.

" 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. "

That's her reason, so the statement is all needed.

You need more fromAuntie too.

"A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant."

Prove that with a document.

This part that you said " .. but she does have a complete transcript from 2011 so we've listed that on the income section."

Which income section? 13c? Not her current income section

[1k1please 2]

They tell you in the instructions. Read them carefully.

" 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. "

That's her reason, so the statement is all needed.

You need more fromAuntie too.

"A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant."

Prove that with a document.

This part that you said " .. but she does have a complete transcript from 2011 so we've listed that on the income section."

Which income section? 13c? Not her current income section

Great, thanks Nich-Nick, you always provide clear and helpful answers for us and it's always nice to clarify things on here. Much appreciated.

And yes, exactly, the income from 2011 we have put into 13c, and put 2012 (13b) and 2013 (13a) as 0 in the other sections above it.

We also have a proof of naturalisation from her auntie and passport copy so we'll decide which one to use.

Thanks!

[Nich-Nick 3,354]

Great, thanks Nich-Nick, you always provide clear and helpful answers for us and it's always nice to clarify things on here. Much appreciated.

And yes, exactly, the income from 2011 we have put into 13c, and put 2012 (13b) and 2013 (13a) as 0 in the other sections above it.

We also have a proof of naturalisation from her auntie and passport copy so we'll decide which one to use.

Thanks!

One thing more. You said she was under the threshold in 2012. If she earned anything at all, in the statement mention the amount.

"In 2012, I earned $5432.99 and thus was under the threshold for filing.

In 2013, I was unemployed and earned $0.00, so was not required to file."

Be specific in your reasons.

And on 13c...

It says "as reported on my federal tax returns"

She didn't have tax returns, so I would put

--- or N/A or leave blank

I haven't tried this version of the form and it may only allow numerical entries.

Okay it was two things more. and just an opinion.

Edited October 29, 2014 by Nich-Nick