I-864 Tax Return/Transcript Issue

[juninho10 42]

Hi guys,

 

I apologize if this has been asked a million times but I couldn't find it in the search.

 

I'm the foreign applicant gathering info so we can file with NVC and send the I-864 + supporting documents. The issue is my US spouse doesn't work in the US, and hasn't lived/worked there since 2012. She hasn't filed tax returns because A) she hasn't worked in the US and B) the money she earns here in Colombia places her under the earning threshold. My mother-in-law will be the joint sponsor and won't have any issues with income declaration, tax returns etc.

 

My questions are...

 

Has anyone been in a similar situation? What did they do/upload on the petitioner's behalf, as evidence, if they haven't worked in the US in so long? Does she need to file a tax return?

 

Thanks in advance!

[arken 4,197]

5 minutes ago, juninho10 said:

My questions are...

 

Has anyone been in a similar situation? What did they do/upload on the petitioner's behalf, as evidence, if they haven't worked in the US in so long? Does she need to file a tax return?

 

Thanks in advance!

A statement mentioning why tax return was not required to be filed.

[Wuozopo 4,293]

She hasn't filed tax returns because

A) she hasn't worked in the US and (not a valid reason for not filing)

B) the money she earns here in Colombia places her under the earning threshold. (This is a valid reason to use) 

 

Things to look into—
A person filing Married Filing Separately should file a return if they earn at least $5. See the chart on page 2 of https://www.irs.gov/pub/irs-pdf/p501.pdf In 2019 she got married so her filing status is Married.  
 

If she files a 2019 tax return as Married Filing Separately, she will receive a $1200 Covid-19 stimulus check from the US government. If she decides she is not required to file for 2019, she can use this online form to report she is a non-filer and still get the stimulus check by reporting her address. https://www.irs.gov/coronavirus/non-filers-enter-payment-info-here

 

 

 

 

[JeanneAdil 6,505]

You should file this form 4506-T with IRS checking # 7 as it applys to you and copy that form for immigration as we are all required to file even if we work outside the US and Columbia is not one of the tax treaty countries for the exemption 

 

[Wuozopo 4,293]

1 hour ago, JeanneAdil said:

You should file this form 4506-T with IRS checking # 7 as it applys to you and copy that form for immigration as we are all required to file even if we work outside the US and Columbia is not one of the tax treaty countries for the exemption 

 

How does a statement of non-filing help with the I-864?  The American spouse needs to either provide a tax return or provide a signed statement with the valid reason why she was not required to file.

[pushbrk 12,883]

6 hours ago, Wuozopo said:

How does a statement of non-filing help with the I-864?  The American spouse needs to either provide a tax return or provide a signed statement with the valid reason why she was not required to file.

If the petitioner will hand write the words, "Income under filing threshold" in the available space in the tax section of the I-864 and then sign the form, that will do nicely as a "signed statement" and "valid reason".

[juninho10 42]

On 4/28/2020 at 7:01 PM, pushbrk said:

If the petitioner will hand write the words, "Income under filing threshold" in the available space in the tax section of the I-864 and then sign the form, that will do nicely as a "signed statement" and "valid reason".

Great info, guys! Thanks!

 

Do you know if this will work for sure? Would it mean that I don't have to add any attachments for my spouse (petitioner) if that is stated on I-864 rather than having to get something from the IRS?

 

I'm worried that she will have to file one as she married me in April 2019.

Edited May 1, 2020 by juninho10

[Wuozopo 4,293]

28 minutes ago, juninho10 said:

Great info, guys! Thanks!

 

Do you know if this will work for sure? Would it mean that I don't have to add any attachments for my spouse (petitioner) if that is stated on I-864 rather than having to get something from the IRS?

 

I'm worried that she will have to file one as she married me in April 2019.

I wouldn’t write it on the I-864 form. I would do what the instructions say—
If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation. (page 9)
 

Other things you need to understand.

The American fills out this form about her income. You talk as if you are filling it out. 
She has to be domiciled in the US or prove her intent to reestablish domicile. (See instructions p. 5-6)
You are going to need a joint sponsor from the US or have a bunch of money (assets). Your American spouse has no US job with which to qualify as your sponsor. 
 

 

[juninho10 42]

1 hour ago, Wuozopo said:

I wouldn’t write it on the I-864 form. I would do what the instructions say—
If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation. (page 9)
 

Other things you need to understand.

The American fills out this form about her income. You talk as if you are filling it out. 
She has to be domiciled in the US or prove her intent to reestablish domicile. (See instructions p. 5-6)
You are going to need a joint sponsor from the US or have a bunch of money (assets). Your American spouse has no US job with which to qualify as your sponsor. 
 

 

I will probably have to handwrite something then. The confusing thing is that it says the threshold is $5 if you're married and filing separately. I'm wondering if I count to the IRS as I'm not a US tax resident.

 

What do you mean? The websites for tax returns make it impossible to fill-out if you're not earning W-2 pay. I'm helping out in the process to fill it out as she is as clueless as I am. I'm aware that it's not my earnings. We will be moving back to the US (we don't live there) now and I stated in the OP that I have a joint sponsor. I don't know why they would need a tax return from the petitioner if she's not going to actually be sponsoring me, and I have a joint sponsor already with the correct papers.

[Chancy 6,241]

1 hour ago, juninho10 said:

I don't know why they would need a tax return from the petitioner if she's not going to actually be sponsoring me, and I have a joint sponsor already with the correct papers.

 

As the petitioner, your spouse is your primary sponsor, even if there are joint sponsors to help meet the income requirements.

 

From the I-864 instructions (page 13) --

 

NOTE:  Even if one or more Form I-864s are submitted for an intending immigrant, the petitioning sponsor remains legally accountable for the financial support of the sponsored immigrant along with the joint sponsors.  The petitioning sponsor must complete and submit a signed Form I-864 for the intending immigrant even if a joint sponsor will be used.  The petitioning sponsor must also provide his or her Federal income tax return for the most recent tax year with supporting tax documents unless otherwise not required to file a Federal income tax return for the most recent tax year.

 

[pushbrk 12,883]

4 hours ago, juninho10 said:

Great info, guys! Thanks!Do you know if this will work for sure? Would it mean that I don't have to add any attachments for my spouse (petitioner) if that is stated on I-864 rather than having to get something from the IRS?

 

I'm worried that she will have to file one as she married me in April 2019.

Yes, I know it works for sure.  Absolutely.  You do know that she is the one who signs this form, right?  It's about HER sponsoring YOU.  Who does the typing "filing out" is not important, but the correct person's information has to be in the right places on the form.

[pushbrk 12,883]

3 hours ago, Wuozopo said:

I wouldn’t write it on the I-864 form. I would do what the instructions say—
If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation. (page 9)

 

To each their own, but writing on the form does become a printed explanation.  It works every time it's tried.  I started recommending this 11 years ago.

[Wuozopo 4,293]

3 hours ago, juninho10 said:

I don't know why they would need a tax return from the petitioner if she's not going to actually be sponsoring me, and I have a joint sponsor already with the correct papers.

It’s written in immigration law for the I-864 so required whether it makes sense or not.

[juninho10 42]

1 hour ago, Wuozopo said:

It’s written in immigration law for the I-864 so required whether it makes sense or not.

Sure. I understand that much so I will comply. I just find it a bit odd that so much is needed from her in terms of financial statements when she'll be making no money.

[juninho10 42]

2 hours ago, pushbrk said:

Yes, I know it works for sure.  Absolutely.  You do know that she is the one who signs this form, right?  It's about HER sponsoring YOU.  Who does the typing "filing out" is not important, but the correct person's information has to be in the right places on the form.

Yes, I understand that. I'm doing a lot of the research in pulling this together at the moment, so it's me gathering a lot of this info on her behalf. I've got nothing to sign at this point - just her and her mother-in-law at this point.