**Urgent Please help** Tax return for sponsor who is unemployed

[Marrienne 112]

Hello!
We just got an email from the Embassy handling our immigrant visa requests saying this:
" Based on our records, we have received all the supporting required documents except of your Tax statement 1040 of 2015"

Well here is the thing: my husband who is petitioning for us, hasn't earned any income in the last 15 years (his ex wife made enough and he was taking care of the house and whatnot).
We included a printout that said people not making enough or making less than a limit are not supposed to file a tax return.
So what is the Embassy asking us????

We sent them the IRS link (we had it printed too in our papers) and we have a great joint sponsor who meets all criteria etc. So what now???

[B&Z 201]

Did you send them your joint sponsor's 1040 from 2015?

[Marrienne 112]

In addition to that, they are also asking for form I-864A from his wife but it clearly says that this is not needed.
"Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements. The obligations of the household member under this contract terminate when the obligations of the sponsor under the Affidavit of Support terminate."

Uhm, our sponsor makes more than enough on his own (over $45,000 and the poverty guideline for 3 is $26,00 ish) plus his assets we included are 10 times that.

What is the Embassy asking????? The lawyer said we do NOT need a tax return from hubby or the form I-864a.
I wrote to them and linked everything to prove my point.

Do I even argue with them or not????

Did you send them your joint sponsor's 1040 from 2015?

Not only from 2015 but the last 3 or 4 years plus asset proof (even though his income is twice what they are looking for)

[THEMSRILEY 4]

Im confused, first you say his ex-wife has taken care of everything, then you say his wife. So how does you husband maintain the household.?

[MrsBurgz 104]

Is the sponsor married and filed a joint tax return?

[Marrienne 112]

Im confused, first you say his ex-wife has taken care of everything, then you say his wife. So how does you husband maintain the household.?

Sorry, let me clarify: My husband (USC) was married to a Polish woman and they lived in Europe. She made enough so he was not working, he was taking care of the home.

He got divorced (in Europe) and he came to Greece where we looked for 3 years for a job for him to no avail. So in the last 15 years he has earned $0.

His father stepped in as the joint sponsor and he more than qualifies. We have sent them the last 3 years of 1040 and official proof of massive assets. His wife (my mother in law) does not need to step in at all, as he makes more than double than what they are asking.

So we submitted all that and they are asking: a) A tax return from my husband who has been unemployed for 15 years and is NOT required under US law to file a 1040 (he hasn't even been living in the USA since 2001). and b) Form I-864A from my mother in law, when the instructions they gave clearly say it is ONLY needed if the joint sponsor does not make enough and he has to combine his income (he makes enough and does NOT need to combine income).

As to how do we maintain the household, I work and we barely scrape by.

My husband has multiple health issues and was born with CP, nobody in Greece wants to hire him

[Marrienne 112]

Is the sponsor married and filed a joint tax return?

He is but the wife must only submit the form under these circumstances:

Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements. The obligations of the household member under this contract terminate when the obligations of the sponsor under the Affidavit of Support terminate.

He makes more than enough on his own, the wife does not need to combine assets with him.

[B&Z 201]

In addition to that, they are also asking for form I-864A from his wife but it clearly says that this is not needed.

"Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements. The obligations of the household member under this contract terminate when the obligations of the sponsor under the Affidavit of Support terminate."

Uhm, our sponsor makes more than enough on his own (over $45,000 and the poverty guideline for 3 is $26,00 ish) plus his assets we included are 10 times that.

What is the Embassy asking????? The lawyer said we do NOT need a tax return from hubby or the form I-864a.

I wrote to them and linked everything to prove my point.

Do I even argue with them or not????

Not only from 2015 but the last 3 or 4 years plus asset proof (even though his income is twice what they are looking for)

Were there any dependents claimed on your joint sponsor's taxes? Did he file jointly with his wife? Did he include his own W-2 to show what his personal income is, separate from his wife's? What is his household size? What is your household size?

Also, if his wife's name is on the assets as well, that could be a clue as to why they'd need an I-864A to get her agreement on use of joint assets...but I'm not one to speak about this whole thing. I'm not using a joint sponsor, so just trying to help you brainstorm this until someone more knowledgeable can chime in.

Edited May 13, 2016 by B&Z

[Marrienne 112]

Were there any dependents claimed on your joint sponsor's taxes? Did he file jointly with his wife? Did he include his own W-2 to show what his personal income is, separate from his wife's? What is his household size? What is your household size?

Also, if his wife's name is on the assets as well, that could be a clue as to why they'd need an I-864A to get her agreement on use of joint assets...but I'm not one to speak about this whole thing. I'm not using a joint sponsor, so just trying to help you brainstorm this until someone more knowledgeable can chime in.

No, no dependents. He files jointly. I don't have the forms anymore but I *think* he did include his own W-2. Household size 2 for him (him and wife). Because of their weird counting system the household size while sponsoring us is 3, 3, 3 (each petition is counted separately and does not add up).

Thank you so much for trying to help!!

These are all great ideas you just gave me.

I will ask about the assets.

[arken 4,197]

Sorry, let me clarify: My husband (USC) was married to a Polish woman and they lived in Europe. She made enough so he was not working, he was taking care of the home.

He got divorced (in Europe) and he came to Greece where we looked for 3 years for a job for him to no avail. So in the last 15 years he has earned $0.

His father stepped in as the joint sponsor and he more than qualifies. We have sent them the last 3 years of 1040 and official proof of massive assets. His wife (my mother in law) does not need to step in at all, as he makes more than double than what they are asking.

So we submitted all that and they are asking: a) A tax return from my husband who has been unemployed for 15 years and is NOT required under US law to file a 1040 (he hasn't even been living in the USA since 2001). and b) Form I-864A from my mother in law, when the instructions they gave clearly say it is ONLY needed if the joint sponsor does not make enough and he has to combine his income (he makes enough and does NOT need to combine income).

As to how do we maintain the household, I work and we barely scrape by.

My husband has multiple health issues and was born with CP, nobody in Greece wants to hire him

a. Did you submit a statement mentioning why he was not supposed to file the income tax return? If not you have to provide that one. You can't say he doesn't need to file the tax return becoz he doen't live in the US but becoz he doesn't have any income. If he was earning a lot of money in Greece, he was supposed to file US tax return.

b. If his father and mother have filed the joint tax return, then yes his mother has to provide i-864A.

[B&Z 201]

No, no dependents. He files jointly. I don't have the forms anymore but I *think* he did include his own W-2. Household size 2 for him (him and wife). Because of their weird counting system the household size while sponsoring us is 3, 3, 3 (each petition is counted separately and does not add up).

Thank you so much for trying to help!!

These are all great ideas you just gave me.

I will ask about the assets.

You have a baby, right? So the intending immigrants are you + baby, and the joint sponsor's household is him + wife. Add that together, it equals 4 people, not three.

[Marrienne 112]

You have a baby, right? So the intending immigrants are you + baby, and the joint sponsor's household is him + wife. Add that together, it equals 4 people, not three.

Baby is not an immigrant, she is a USC So just me.

a. Did you submit a statement mentioning why he was not supposed to file the income tax return? If not you have to provide that one. You can't say he doesn't need to file the tax return becoz he doen't live in the US but becoz he doesn't have any income. If he was earning a lot of money in Greece, he was supposed to file US tax return.

b. If his father and mother have filed the joint tax return, then yes his mother has to provide i-864A.

A. Yes we did. We printed the page from the IRS website and we sent it to them again just now. He did NOT earn ANY income in Greece at all.

B. They do file jointly yes.

[MrsBurgz 104]

So I assume an I-864A was also sent in for the sponsor's wife because they filed taxes jointly?

[Harpa Timsah 13,258]

If the co-sponsor files taxes jointly with his wife, sometimes they want the wife/spouse to sign a I-864A so they know s/he knows that he is signing this and using their money for it. Just supply one and move on.

For your husband, he will need to cite the exact legal reason he was not required to file taxes. Being in Europe is not the reason, earning no money in 2015 is the reason. Was that supplied? It sounds like you sent a link about the law but did not actually say the he earned no money.

Edited May 13, 2016 by Harpa Timsah

[gradtaai 8]

First what you need is found here at bottom of list

https://www.irs.gov/Individuals/Tax-Return-Transcript-Types-and-Ways-to-Order-Them

They now want 2016 tax forms/transcripts now even if you filed before the April tax dead line---I had the same problem, had to bring to interview.

If your joint sponsor is married or files as head of household he needs to have I-864a's to show what portion of the income is his, or that the others agree that their share can be used.