Jump to content

15 posts in this topic

Recommended Posts

Posted

Who is the petitioner...you or her?

 

The petitioner must present an I-864 showing they can supporting the intending immigrant. Part of this requires sending at least the most recent tax year's federal income tax return (tax transcript preferred), along with having filed for the past 3 years. You can provide the other 2 years of tax return transcripts if you want and believe it helps your case.

If the petitioner did not file taxes because they were not required to do so (i.e. income below the given threshold), then they should provide a signed letter stating why they were not required to file.

If the petitioner did not file but was required to do so (USCs and LPRs are taxed on worldwide income), then that needs to be resolved before they will accept the I-864 and issue the visa.

 

Any income used for the I-864 must continue from the same source upon the return to the US to qualify. You can use assets of either person (at 3x the income level) instead of income as well.

If you don't meet the financial requirements, you must still present the I-864 + tax return(s), but will also need a joint sponsor to provide an I-864 + supporting evidence.

 

You may also want to look into how you will either have US domicile, or show sufficient intent to establish US domicile.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
1 hour ago, geowrian said:

Who is the petitioner...you or her?

 

The petitioner must present an I-864 showing they can supporting the intending immigrant. Part of this requires sending at least the most recent tax year's federal income tax return (tax transcript preferred), along with having filed for the past 3 years. You can provide the other 2 years of tax return transcripts if you want and believe it helps your case.

If the petitioner did not file taxes because they were not required to do so (i.e. income below the given threshold), then they should provide a signed letter stating why they were not required to file.

If the petitioner did not file but was required to do so (USCs and LPRs are taxed on worldwide income), then that needs to be resolved before they will accept the I-864 and issue the visa.

 

Any income used for the I-864 must continue from the same source upon the return to the US to qualify. You can use assets of either person (at 3x the income level) instead of income as well.

If you don't meet the financial requirements, you must still present the I-864 + tax return(s), but will also need a joint sponsor to provide an I-864 + supporting evidence.

 

You may also want to look into how you will either have US domicile, or show sufficient intent to establish US domicile.

 

1 hour ago, databit said:

Who is the USC? A USC must file a US tax return yearly no matter where in the world they live.

she is the USC, the problem is her family are living in the same place where we both live as well and they are not a USC. she was born there when her mother was on a visit.

 

she has relatives there as well as I do, we can get the joint sponsor arranged and everything, that's not an issue.

 

the only problem is the tax matter, she is only 19 and never worked before. she's also still in college though.

 

I'm giving you details because I want to know in this case what do we have to do about it ?

Posted
21 minutes ago, Hamada91 said:

 

she is the USC, the problem is her family are living in the same place where we both live as well and they are not a USC. she was born there when her mother was on a visit.

 

she has relatives there as well as I do, we can get the joint sponsor arranged and everything, that's not an issue.

 

the only problem is the tax matter, she is only 19 and never worked before. she's also still in college though.

 

I'm giving you details because I want to know in this case what do we have to do about it ?

Either you + her need 3 times the necessary income level in assets (https://www.uscis.gov/system/files_force/files/form/i-864p.pdf), or she needs to find a USC or LPR to be a joint sponsor. If you have a suitable joint sponsor, you should be fine there.

 

She will need to either file the back tax returns (she won't owe anything), or provide a signed letter stating that she wasn't required to file because she had no income for those years.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
2 minutes ago, geowrian said:

Either you + her need 3 times the necessary income level in assets (https://www.uscis.gov/system/files_force/files/form/i-864p.pdf), or she needs to find a USC or LPR to be a joint sponsor. If you have a suitable joint sponsor, you should be fine there.

 

She will need to either file the back tax returns (she won't owe anything), or provide a signed letter stating that she wasn't required to file because she had no income for those years.

yes she really didn't have income for the past 3 years so that makes her not required to file , so we will go for the letter thing,

 

thank you so much for your comment.

Filed: IR-1/CR-1 Visa Country: Belgium
Timeline
Posted
On 05/04/2018 at 2:39 AM, Hamada91 said:

yes she really didn't have income for the past 3 years so that makes her not required to file , so we will go for the letter thing,

 

thank you so much for your comment.

Hello,

 

Don't worry at all ... key point is to have a joint sponsor that can support you... the intended immigrant.

 

My wife had zero income during the last 3 years... She did file her tax returns with "0 USD" and asked the related IRS transcript to be affixed to her I-864 ... but the consular officer only focused on the joint sponsor documents to take the decision. We are now preparing our travel :) ...

 

Good Luck!

Posted (edited)
33 minutes ago, negmatic said:

Hello,

 

Don't worry at all ... key point is to have a joint sponsor that can support you... the intended immigrant.

 

My wife had zero income during the last 3 years... She did file her tax returns with "0 USD" and asked the related IRS transcript to be affixed to her I-864 ... but the consular officer only focused on the joint sponsor documents to take the decision. We are now preparing our travel :) ...

 

Good Luck!

well that's a really supportive comment !!!

 

thank you so much !

 

but if I may ask, how can my wife even file her tax with 0 ? I mean how to do that and what's the step for it ? is there a special form or something ?

sorry but she never lived there she has no idea

 

good luck on your new life :)

Edited by Hamada91
Filed: IR-1/CR-1 Visa Country: Belgium
Timeline
Posted (edited)
23 minutes ago, Hamada91 said:

well that's a really supportive comment !!!

 

thank you so much !

 

but if I may ask, how can my wife even file her tax with 0 ? I mean how to do that and what's the step for it ? is there a special form or something ?

sorry but she never lived there she has no idea

 

good luck on your new life :)

:) happy to help!
 

Well, when my wife joined me in Europe, some years ago, she started to use an online service (https://www.taxact.com).

It pretty well done ... Basically, your wife just needs to go through the different steps of this web app, adding the required information about her situation and any income she has... even if its is abroad (if zero ... well it s zero). USC and LPR are required/expected to file their tax returns.

 

The web app will prepare the tax return form (1040 - https://www.irs.gov/forms-pubs/about-form-1040) and any additional required document.

You pay a small amount (10-15 USD) then you print them out the to be mailed to Austin/Texas (https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad). It does not matter if she has zero income ... she can file her tax return form. 

 

Question: Does your wife have a Social Security Number?

 

In any case, as suggested above (@geowrian), a letter explaining the situation might be enough in her case.

 

Greetings

Edited by negmatic
Posted
15 minutes ago, negmatic said:

:) happy to help!
 

Well, when my wife joined me in Europe, some years ago, she started to use an online service (https://www.taxact.com).

It pretty well done ... Basically, your wife just needs to go through the different steps of this web app, adding the required information about her situation and any income she has... even if its is abroad (if zero ... well it s zero). USC and LPR are required/expected to file their tax returns.

 

The web app will prepare the tax return form (1040 - https://www.irs.gov/forms-pubs/about-form-1040) and any additional required document.

You pay a small amount (10-15 USD) then you print them out the to be mailed to Austin/Texas (https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad). It does not matter if she has zero income ... she can file her tax return form. 

 

Question: Does your wife have a Social Security Number?

 

In any case, as suggested above (@geowrian), a letter explaining the situation might be enough in her case.

 

Greetings

yes she does have SSN, I'm thinking of the letter would be better. I believe it's just a normal letter written and signed by hand right ? or does it have to be an official letter from USCIS website or something

Filed: IR-1/CR-1 Visa Country: Belgium
Timeline
Posted
5 minutes ago, Hamada91 said:

yes she does have SSN, I'm thinking of the letter would be better. I believe it's just a normal letter written and signed by hand right ? or does it have to be an official letter from USCIS website or something

No idea about the letter format. You may just call the IRS for guidance.

 

Posted
55 minutes ago, negmatic said:

No idea about the letter format. You may just call the IRS for guidance.

 

 

44 minutes ago, Dee elle said:

IRS doesn't get involved with the letter... is nothing special.. a simple letter outlining why she did not need to file taxes for the 3 years.. use the language of the IRS  e.g...  as my annual income for.... was, according to IRS guidelines, under the amount required to file taxes, I have no tax returns for..... 

thanks guys :) :) :)

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted

""United States Embassy,

(Relevant city / country)

___________________

 

 

Ref: Affidavit of Support I-864,

Sponsor: --------------------

Beneficiary: -------------------

 

To whom it may concern

 

I have not submitted copy of my Federal Income Tax return for the year 2016 because I don’t have one. I did not work during the year 2016 and had no other income. Since my income was zero, I was not required to file Federal Income tax return for 2016. I was not claimed as a dependent in 2016. My uncle is the joint sponsor for the beneficiary and his I-864 and tax return documents have already been submitted.

 

If you have any questions or concerns, please call me at ---------------------

 

 

Sincerely,""

 

 

 

 

I was asked at the interview stage for bringing any evidence to prove that my wife had no income and she never worked (although we had a good joint sponsor). The options CO gave was to provide her zero tax return (not sure if IRS issue one) or tax return of someone showing her as a dependent. Instead, i typed this letter, printed it on a simple white paper, she signed it and i sent it back to embassy along with the 221G paper. It was accepted and visa was issued within a few days.

Posted
On ‎4‎/‎10‎/‎2018 at 7:15 AM, AayDee said:

""United States Embassy,

(Relevant city / country)

___________________

 

 

Ref: Affidavit of Support I-864,

Sponsor: --------------------

Beneficiary: -------------------

 

To whom it may concern

 

I have not submitted copy of my Federal Income Tax return for the year 2016 because I don’t have one. I did not work during the year 2016 and had no other income. Since my income was zero, I was not required to file Federal Income tax return for 2016. I was not claimed as a dependent in 2016. My uncle is the joint sponsor for the beneficiary and his I-864 and tax return documents have already been submitted.

 

If you have any questions or concerns, please call me at ---------------------

 

 

Sincerely,""

 

 

 

 

I was asked at the interview stage for bringing any evidence to prove that my wife had no income and she never worked (although we had a good joint sponsor). The options CO gave was to provide her zero tax return (not sure if IRS issue one) or tax return of someone showing her as a dependent. Instead, i typed this letter, printed it on a simple white paper, she signed it and i sent it back to embassy along with the 221G paper. It was accepted and visa was issued within a few days.

thank you :) :)

 

what kind of proof should my wife submit to prove she had no income ????

also what about my income ? I'm working and we have a joint bank account by our names and her SSN on it , would that be considered as an income ( my own income ) ?

Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline
Posted
1 hour ago, Hamada91 said:

thank you :) :)

 

what kind of proof should my wife submit to prove she had no income ????

also what about my income ? I'm working and we have a joint bank account by our names and her SSN on it , would that be considered as an income ( my own income ) ?

Like I said, In our case, CO said provide tax return of someone who is claiming her as a “dependent” as this would indicate she has no income. 

No one was claiming her as a dependent and she didn’t file anything such as “zero/nil tax return”. So I just wrote the above letter, printed it, she signed it and I submitted it as a declaration.

 

 

For the rest of your query abt your income thing, I can’t say, I don’t have relevant information, perhaps someone experienced will share the facts.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...