NVC - Sponsor did not have an income in 2015

[Hans Martin 2]

Hi guys!

 

My wife (the petitioner) did not file taxes for 2015, only 2016 and 2017. The reason for this is that she did not work in 2015. What can we do about that, and will it be a problem? I have heard that she MUST have filed taxes for the last three years. 

 

It may also be worth mentioning that we are using a joint sponsor.

 

Edit:

 

Do I need to fill out 24.b and c for the I 864 form? See the attached image for how we currently have done it.

 

 

Edited May 12, 2018 by Hans Martin

[JFH 12,190]

You have already answered 23b incorrectly. You said she didn't file in 2016 (for 2015  taxes). So the abswer is "no". Always give the truthful abswer, not the one you think they want to hear or the one you think will give you the best chance of approval. 

 

If she wasn't earning enough to file that year, that's fine. She just needs to attach a statement to that effect. It won't be a problem. They take her current income into consideration. 

[Hans Martin 2]

35 minutes ago, JFH said:

You have already answered 23b incorrectly. You said she didn't file in 2016 (for 2015  taxes). So the abswer is "no". Always give the truthful abswer, not the one you think they want to hear or the one you think will give you the best chance of approval. 

 

If she wasn't earning enough to file that year, that's fine. She just needs to attach a statement to that effect. It won't be a problem. They take her current income into consideration. 

Thank you! I've changed 23.b now. 

 

Do you believe I need to write something for 24.b and 24.c even if I just wish to send them a copy of the latest tax return (2017)? Or should I leave them blank, or even write N/A?

[ChrisJay11 31]

1 hour ago, Hans Martin said:

Thank you! I've changed 23.b now. 

 

Do you believe I need to write something for 24.b and 24.c even if I just wish to send them a copy of the latest tax return (2017)? Or should I leave them blank, or even write N/A?

i can see your predicament.

 

I would say no to 23a.

 

I would check 23b and include the tax transcripts or returns and W2s for 2017 and 2016.

 

I would fill in the corresponding information for 24a and 24b.

 

I would put None for 24 c

 

I would check 25 c and attach a statement to the whole package explaining that she didn't work in 2015, which is why she didn't file a tax return.

 

I think with all of that there won't be any questions from the NVC side.

 

Good luck!

[Hans Martin 2]

6 hours ago, ChrisJay11 said:

i can see your predicament.

 

I would say no to 23a.

 

I would check 23b and include the tax transcripts or returns and W2s for 2017 and 2016.

 

I would fill in the corresponding information for 24a and 24b.

 

I would put None for 24 c

 

I would check 25 c and attach a statement to the whole package explaining that she didn't work in 2015, which is why she didn't file a tax return.

 

I think with all of that there won't be any questions from the NVC side.

 

Good luck!

Thank you for your insight! I agree with you for 23.a.

 

Do you think it’s necessary to check 25? The way I read this question it relates to those who can not file tax returns for any of the years... Would you say that is the wrong assumption?

 

And do I need to add photocopies for the tax returns other than last year? I only got a hold of 2017 for the Sponsor and Joint sponsor, but if necessary I can of course get the other years as well 

[Liam2021 583]

-23a: you should check No.

-24c: tax year 2015 and put 0.

-25: check it and  include evidence why you not file tax.

[ChrisJay11 31]

1 hour ago, Hans Martin said:

Thank you for your insight! I agree with you for 23.a.

 

Do you think it’s necessary to check 25? The way I read this question it relates to those who can not file tax returns for any of the years... Would you say that is the wrong assumption?

 

And do I need to add photocopies for the tax returns other than last year? I only got a hold of 2017 for the Sponsor and Joint sponsor, but if necessary I can of course get the other years as well 

 

I think it's necessary to check 25 because it says "a tax return," not "any tax returns."

 

I would add as many tax returns (up to three previous years) as you have for the Sponsor and Joint Sponsor. It's not strictly necessary, but this way you can be sure there won't be an RFE further down the line. You will have already submitted what they might ask for. Don't forget that for tax returns you ALSO have to submit the corresponding W2's and 1099s.

[pushbrk 12,883]

You can simply hand write in the space available for 2015.  Income below filing threshold.  Indicate you are sending one tax return but send two anyway.  You cannot say you are attaching the second and third year because there is no third year.

[Hans Martin 2]

On 5/13/2018 at 10:55 AM, pushbrk said:

You can simply hand write in the space available for 2015.  Income below filing threshold.  Indicate you are sending one tax return but send two anyway.  You cannot say you are attaching the second and third year because there is no third year.

 

Thanks @pushbrk! I'll do that