Have not filed taxes, what to do???

[HollywoodNorth 22]

I can say this, USC sponsors will always require a tax return even if the income is zero or negative since it establishes country of Domicile in addition to income. There are cases where tax returns may not be required [if the sponsor is a student and doesn't meet the minimum requirements, etc. Disability may fall into that category] in those cases explain with a clear letter with some sort of proof and see what happens. In those situations you'll definitely need a co-sponsor.

[NataliaK 0]

The country is bankrupt and 30% of the population is unemployed!!

Yes exactly, typically if the USC spouse is not deriving income or is not required to file taxes, he/she must provide an affidavit explaining the situation (i.e. I have been a student for the last 5 years, please accept my joint sponsor's I-864 with supporting documentation enclosed)

[awaywego 28]

The IRS website has information on when a USC is required to file taxes. If there is no income, generally the person is not required to file. Income that has not been reported and worldwide income are included in the calculation for whether one must file. (Foreign income might then qualify for exclusion from US taxation under the FEIE.)

If the sponsor was not required to file taxes, check the I-864 instructions for how to address this. It involves including a declaration of why.

Edited February 17, 2016 by awaywego

[patriot10 11]

If USC petitioner genuinely did not have income to warrant filing US tax returns while living abroad with spouse as she was the homemaker and the spouse was the bread earner in the family and paying taxes in his country, what is the definitive letter that she maybe required to file along with the I-864. Obviously a co-sponsor will be required in this case,. Will it be on a plain piece of paper?

To Whomsoever It may Concern.

I, Jane doe am the US citizen petitioner for a green card for John Doe who is my spouse since xx-xx-xxxx.

We have been living together in 'country name' since xx-xx-xxxx. I was not required to file US income tax returns

since i did not make enough income to match the threshold limits required to fill a return nor did i own any

bank accounts or any such assets abroad triggering the threshold limits to have to file a US tax return.

Additions, modifications, alterations as per your experience are welcome so that by the end of this thread we have something definitive.

Edited September 24, 2016 by patriot10

[captainButch 0]

It's been some time since i went through the process of getting a visa for my wife (2007). We lived in Nicaragua at the time and filed with the Embassy in Managua. I haven't filed taxes in years. I tried to explain that I'm a 100% disabled veteran and I don't have an income, we were denied. I found the US Code that regulates American Embassies and the visa process. Low and behold, I found the part that covers tax returns and who is exempt and who isn't. If you are a member of the Clergy or a Priest, or a disabled veteran then you are exempt from providing a tax return for a visa.

The thing that really pissed me off about finding this information is when I returned to the embassy and showed the clerk FAM 9 of the US Code, (the part of the US Code that covers visas) The clerk didn't ask, "let me see that" or question me in anyway about the proof I found, he just reached for a form and started working on processing my wife's visa, I think he already knew I was exempt. I also believe that when he first denied our visa he hoped I would drop the matter and forget about It is impossible for me present my past tax returns.

If you do not have past tax returns because you are disabled and don't receive enough money from Social Security to be taxed, you are exempt from showing past tax returns to get a visa. Also, if you are a paid member of a church, a Priest or Clergy member, you are also exempt.