Applying for wife with no income in year 2015

[Jugnu 0]

Hi Everyone,

I got married outside US last month in September 2015. I'm back in US and wants to apply for my wife this month in October, but there is a problem that I think could complicate in her getting a visa. The problem is that I lost my job in March this year 2015 and since then I don't have any work. I didn't look for work as I had a wedding taking place in September 2015 and finding a new job mean the company wouldn't have allowed me to travel for wedding. I was going through the documents that Embassy would need and found that I would've to present previous 3 years of taxes, which I don't have any issue with except that this year 2015 I didn't earn anything.

If we go by previous 3 years of taxes, that would include year 2012, 2013 and 2014. I was on a 1 year contract from June 2012 until June 2013, then got a job in June 2014 which ran until Feb 2015. I earned good in year 2012-2013 but my previous job from June 2014 through Feb 2015, I was on $13/hr for about 8 months and that hardly got me anything.

I got few questions, please if someone can reply.

1) If I apply this year for a wife, will I have to provide Year 2015 taxes whenever we come to that point? If I do, will that have any negative impact on my wife eligibility to get a Visa?

2) When I file for tax return this year, how should I file it as I'm married to a non-resident?

I'm not worried about anything else except taxes for this year and last year as I hardly made any money.

Hope to hear from someone with a useful suggestions.

Thanks

[Transborderwife 4,666]

They care about current income. Find a sponsor. And you file as married filing separately

[SalSterling 10]

Don't worry too much. In first step you need to file her I-130 to start the process and you don't need to provide your financial document at the time of your filing. You need to provide 3 years of tax returns only if you are self employed. If you have a job and your income from your job is above the poverty level which is proximately 20K than all you need to provide is a letter from your employer which verifies your employment with the company, your latest pay stubs and last few months of bank statement where they can see your incoming income to prove you are above poverty level. So, if you file I-130 now then it roughly takes about 6 months to approve and then a month in NVC and around that time you need to provide all of this and I hope by that time you will be able to find a good job.

Best option is to find a joint sponsor who is willing to sponsor. Try to arrange 2 or 3 joint sponsors in case someone changes his / her mind at the eleventh hour.

[Nich-Nick 3,354]

I got few questions, please if someone can reply.

1) If I apply this year for a wife, will I have to provide Year 2015 taxes whenever we come to that point? If I do, will that have any negative impact on my wife eligibility to get a Visa?

2) When I file for tax return this year, how should I file it as I'm married to a non-resident?

1) Your affidavit of support will be submitted when the NVC requests it and at the embassy interview. If that is after April15, 2016 (tax filing deadline) then 2015 is your most recent return. Before April 15, you can call 2014 as most recent if you didn't file yet. If you have a legal reason why you were not required to file taxes for 2015 then you can submit a signed statement saying why you were not required to file in 2015, that would take the place of submitting a tax return. if you earned no money in 2015, then you wouldn't have to file. It is called INCOME tax and if you have no income, then there is nothing to tax. If you earned a little money in 2015, then you need to look up the amount you need to earn before you would have to file. Maybe you are under the limit.

BUT your bigger issue is that you are not now employed. It doesn't matter if you earned $200,000 on your last tax return if you have no job when you send the affidavit of support later in the process. Go find a job now! so you can sponsor your wife. They want to see tax returns, but they also want to know what your current job is and if your salary is enough.

2) You may not have to file a tax return if you didn't have enough income in 2015. You can also file married filing separately if you have to file. That would be if you earned more than about $4000 in 2015. The exact amount has not been set to my knowledge. I am going by 2014 rates.

[Jugnu 0]

Hi everyone,

Thanks for getting back with all your inputs. I've got a job already and I'm into my 3rd week of this job. I was lucky to get a job on my first interview 3 days after I posted questions here. I've read everyone replies here, one user "SalSterling" said that all I'll need is a letter from employer to provide as employment verification with the company along with some other docs except Tax returns. The rest of the user here saying otherwise and that creates a little bit of confusion. Am I going to have to provide tax returns for 3 previous years even now I have a job or Will it be just employer letter which verifies my employment with the company? Let me know, thanks again for helping me out.

Have a good one!

Edited November 2, 2015 by Jugnu

[heo luoi 206]

Just ask HR for an employment verification letter. Its not that big a deal and there are other reasons people ask for them. Just states more than paystub/w2, such as position /role, salary, how long you have been there...etc. You should provide your tax transcripts as well aside from you now finding employment.

[LBeachey 44]

Hi everyone,

Thanks for getting back with all your inputs. I've got a job already and I'm into my 3rd week of this job. I was lucky to get a job on my first interview 3 days after I posted questions here. I've read everyone replies here, one user "SalSterling" said that all I'll need is a letter from employer to provide as employment verification with the company along with some other docs except Tax returns. The rest of the user here saying otherwise and that creates a little bit of confusion. Am I going to have to provide tax returns for 3 previous years even now I have a job or Will it be just employer letter which verifies my employment with the company? Let me know, thanks again for helping me out.

Have a good one!

Even if you can verify that your new job provides sufficient income to sponsor your wife, I would recommend strongly you get a co-sponsor to avoid any issues. Even with a co-sponsor they will want you to submit your own I-864 with three year's of tax returns.

I would suggest you go to the sub-forum for the country you will be interviewing in, while the rules for income verification and co-sponsor's are intended to be international, many consulates appear to enforce local policies that vary consulate to consulate.

[aaron2020 11,651]

Hi Everyone,

I got married outside US last month in September 2015. I'm back in US and wants to apply for my wife this month in October, but there is a problem that I think could complicate in her getting a visa. The problem is that I lost my job in March this year 2015 and since then I don't have any work. I didn't look for work as I had a wedding taking place in September 2015 and finding a new job mean the company wouldn't have allowed me to travel for wedding. I was going through the documents that Embassy would need and found that I would've to present previous 3 years of taxes, which I don't have any issue with except that this year 2015 I didn't earn anything.

If we go by previous 3 years of taxes, that would include year 2012, 2013 and 2014. I was on a 1 year contract from June 2012 until June 2013, then got a job in June 2014 which ran until Feb 2015. I earned good in year 2012-2013 but my previous job from June 2014 through Feb 2015, I was on $13/hr for about 8 months and that hardly got me anything.

I got few questions, please if someone can reply.

1) If I apply this year for a wife, will I have to provide Year 2015 taxes whenever we come to that point? In 2016, you will have to file the I-864. You will need to provide the most recent tax return or include a signed statement as to why you were not required to file a US tax return. I presume you will want to get the taxes you paid working until you lost your job in March 2015, so you will need to file a tax return to get that money back. If I do, will that have any negative impact on my wife eligibility to get a Visa? If you do not have a tax return, then you need to provide a statement as to why you were exempt from filing a tax return. No statement or tax return = no visa (even if the Joint Sponsor qualifies).

2) When I file for tax return this year, how should I file it as I'm married to a non-resident? You either file as "married filing separately" or "married filing together" by having your wife elect to be treated as a US taxpayer when you file your tax return for 2015. To be treated as a US taxpayer, your wife would need to get an ITIN (can be done when filing the tax return) and declare her income from her country.

I'm not worried about anything else except taxes for this year and last year as I hardly made any money.

Hope to hear from someone with a useful suggestions.

Thanks

1. File the I-130 for your wife.

2. In 2016, file your 2015 US tax return as "married filing separately." It's easiest and the income are small so there is no advantage to filing as "married filing jointly."

3. Get a Joint Sponsor who can meet the I-864 requirements.

[Jugnu 0]

Hi Everyone,

I'm going to apply for my wife by next week. As you know, I didn't have much to show on my 2014 and 2015 taxes as I didn't earn much and which could be a deciding factor in their decision to either reject or approve for my wife. Even though I've a job now but still these things are always in the back your mind. Some suggested here that I should get a sponsor whom taxes I can use to file. If I do that, what would I need and how to apply for a sponsor.

Can someone explain me requirements for sponsoring and the right way to apply?

Thanks

[Nich-Nick 3,354]

Hi Everyone,

I'm going to apply for my wife by next week. As you know, I didn't have much to show on my 2014 and 2015 taxes as I didn't earn much and which could be a deciding factor in their decision to either reject or approve for my wife. Even though I've a job now but still these things are always in the back your mind. Some suggested here that I should get a sponsor whom taxes I can use to file. If I do that, what would I need and how to apply for a sponsor.

Can someone explain me requirements for sponsoring and the right way to apply?

Thanks

The I-864 has certain requirements that can't be skipped. One is concerning tax returns. The form has a place where you must write in your Total income as reported on the last three years of tax returns. For you it will be 2015, 2014, 2013. Even if you made very little money, you have to give the tax return information.

Another requirement --you have to mail them a copy of your most recent tax return. File a tax return for 2015 even if you only worked Jan-March. You may get back some money that was held out of your paycheck AND you need to send a photocopy of that tax return and W2 as part of your I-864.

Then comes the Optional part-- submit proof that you now are earning more than your tax return shows. If they see proof that you now have a job making enough, they can approve you as a sponsor, even if you did not earn enough in 2015. A letter from your new employer telling how long you have worked there, what your job is, and how much you make is one proof. Photocopies of all your payslips or check stubs from the new job are another proof.

Your affidavit of support I-864 is not needed when you file the petition next week to USCIS. It will be sent later to the National Visa Center after your petition gets approved and the case is sent to the next step at the NVC. You have time to file your tax return before you get to that part.

If you don't even know how to get started filing a petition, then try reading the guide posted here http://www.visajourney.com/content/i130guide1

[Jugnu 0]

Hi Nich-Nick,

Thanks for getting back with detailed reply.

When you say that they can approve me as a sponsor, I thought you become a sponsor when you are applying for your relative.

Actually, I was talking of using someone as a sponsor through their taxes and not mine. I spoke to my friend who earned good on his last 3 years taxes and he says I can use his taxes for my wife. So, I was asking about the process and how it works if using friends taxes.

Two other things I want to know if you can answer.

1) When I get a request to provide 3 years of taxes, do I have to send it to my wife back in Pakistan for her to take it to US embassy at the time of interview or am I going to have to send it directly to whatever address they asked me to send to? My friend told me once that I'll have to send the taxes over to wife in Pakistan and she'll then have to take it US embassy at the time of interview. Is this true or not?

2) As per form 1-130 requirements, they are asking to provide docs that evidence of bona fide marriage. I've none of those they have listed in their docs. I would like to know if there is anything else I can provide them that can be used an evidence of bona fide marriage other than the ones they listed. For example, pics of our marriage and how many if they accept it.

Thanks

[Nich-Nick 3,354]

I am going to answer your tax return question. There are other people more skill in the spouse process of what goes where.

When you say that they can approve me as a sponsor, I thought you become a sponsor when you are applying for your relative.

Approve you as a qualified financial sponsor for your wife because you make enough money. Approve your financial sponsorship I-864 Affidavit of Support.

Actually, I was talking of using someone as a sponsor through their taxes and not mine.

It doesn't work that way. You MUST submit your latest tax return and write the income off the last three on the form, even if it was zero. If you don't provide your own tax returns, your wife will never get a visa. I explained that above. Did you not understand that "required" means "have to do it or no visa." You can have a friend also fill out his own I-864 and provide his tax returns to help as a joint sponsor (financial sponsor). That doesn't excuse you from sending your tax returns. But if you right now have a job that is over the poverty level, then prove it that you make enough now, even if you didn't on the older tax returns. Then you won't need to have the friend's help.

Edited January 14, 2016 by Nich-Nick

[Jugnu 0]

Just one last question.

How do I suppose to fill out my spouse info on 1-130 form? What do I put in place of her Last Name? Is it going to be her Family Last Name she had before marriage or is it now my First Name would be used as her Last Name in that form?

Our Marriage Certificate has her Last Name from her Family Name and not mine.

She also have old identity card with her family name as last name on it. If changed with new name after marriage, would that be a problem because marriage certificate have her family name used?

I'm confused as how to go about filling out her information especially Last Name and She doesn't have any Middle Name.

Slight mistakes could mess up and delay the visa process.

If someone can reply with correct information as I've to apply this weekend.

Thanks