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

[Marrienne 112]

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?

Yes we did. I know that being in Europe is not the reason The $0 is you are right.

[MrsBurgz 104]

I think you meant 2015.

[Marrienne 112]

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.

Thank you!!

They asked for 2015 in their email.

[Harpa Timsah 13,258]

It sounds like you sent a link about the law but did not actually say the he earned no money.

Quoting myself because I edited my reply. What is the answer to this (implied) question?

[Marrienne 112]

When he filled his I-864, he stated he has been unemployed since 2001 and that he has earned $0 since then.

We then included a printout of the page from the IRS.gov site that says, people who earned under this amount do not need to file.

We just also mailed them and told them this again and we included the paragraph as requested where it says he does not need to file.
We are the only active case at the Embassy

You don't think this was enough? What should we do?

[Harpa Timsah 13,258]

I would just make it super clear by writing a statement like this:

"Petitioner, NAME, earned $0 in 2015 and therefore was not legally obligated to file a tax return per XX LAW, cited below." Then show the IRS page that says this.

[Marrienne 112]

I would just make it super clear by writing a statement like this:

"Petitioner, NAME, earned $0 in 2015 and therefore was not legally obligated to file a tax return per XX LAW, cited below." Then show the IRS page that says this.

Ok I will write that and send it to them.

[Marrienne 112]

Ok heard back from Embassy. Harpa was right, they want a written statement not just the I-864 that shows $0.

No word on the I-864A

[Harpa Timsah 13,258]

Ok heard back from Embassy. Harpa was right, they want a written statement not just the I-864 that shows $0.

No word on the I-864A

Meow!

They might demand the I-864A too, to show the wife knows what her husband is doing. I'd just get it done so you can get your interview date. Basically they just need her signature on the thing.

[jan22 3,053]

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

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.

What about the other two children you have talked about in your other posts? Are they not immigrating with you? You have three children (one of whom does not need an immigrant visa and, therefore, doesn't count). So, there are three of you being sponsored for immigration -- you and your two children who require immigrant visas. That is added to the household size that already exists -- your father- and mother-in-law, making the household size = 5.

When a married sponsor files a joint tax return, Embassies really should require an I-864a from the other married partner -- they have told the US government that this is "joint" income (i.e., belongs to both of them), so both need to indicate they are willing to commit their income to sponsorship.

Edited May 13, 2016 by jan22

[Marrienne 112]

I think the key phrase my father in law missed and think we didn't need I-864a was "jointly".

We have requested the document.

Hmmm here is the funny thing with household size and I know because you guys had helped me with that earlier in the year: they count each of us separately because we filed 3 petitions.

So for petition 1 which pertains only to me household size is 3. Them and 1 immigrant, me.

Petition 2 again 3. Them plus one child.

Petition 3 again 3. Them.plus other child.

They do not combine them!! Don't ask me why but they don't since separate petitions are filed.

Maybe one of the more experienced VJers can explain it better.

But in any case even if it was 5 ppl, the joint sponsor makes 6 figures so we are covered either way.

They did include a signed affidavit from both of them saying in detail how they support our immigration and what steps they have taken to that effect. I know it is a formality but my joint sponsor wanted to keep his wife out of the obligation in case something happened to him

[EM_Vandaveer 2,408]

They do combine them, though. There is a spot on the I-864 in the household count for "If you have sponsored any other persons on Form I-864 or Form I-864 EZ".

[B&Z 201]

They do combine them, though. There is a spot on the I-864 in the household count for "If you have sponsored any other persons on Form I-864 or Form I-864 EZ".

It only counts them if they've already become LPRs.

[EM_Vandaveer 2,408]

It only counts them if they've already become LPRs.

You are right. I stand corrected.

[3rd 84]

My husband was unemployed when we sent in our AOS so we had to provide the I-864 and a letter explaining his unemployment and why he hadn't filed taxes. It was a separate letter that we highlighted on our cover letter, and gave a short explanation. His sister was our joint sponsor and we provided her I-864, birth certificate, letter of continued employment, Tax return 1040 for the previous year, W2's from the previous year, and pay stubs from the previous 6 months. If you need a template to follow for the letter, we did our like this:

[Petitioner Name]

[Address]

[uSCIS Address]

Date

RE: I-864 – Affidavit of Support Under Section 213A of the Act/

Explanation of Unemployment and Tax Returns

Dear Sir/Madam,

I, [Petitioner Name], petitioner of [beneficiary Name] did not file a tax return for the past [#] years because I was unemployed and didn't meet the criteria to file. [short description of why petitioner has been unemployed].

Sincerely,

[Petitioner Name]

[Contact Number]