Petitioner haven't filed Taxes

[Muhaimin 1]

My parent who is a US citizen petitioned for me. She has not filed any taxes in the US as she is currently unemployed. She was working abroad in 2020 , 2021 but she was earning less than $2k. My case is currently with the NVC. I have a joint sponser who's sponsering me so that's not an issue. What should I write in the tax exemption letter for the year 21and 22.

[powerpuff 6,667]

Two duplicate threads removed. Please do not start multiple threads asking same or related questions.

 

VJ Moderation 

[JeanneAdil 6,483]

you do not do this

its up to the USC to request the following when the case is at NVC stage (not before)

 

To request a IRS Verification of Non-filing Letter visit: www.irs.gov/individuals/tax-return-transcript-types-and-ways-to-order-them. This service is offered free of charge by the IRS and can be obtained through three different options: Online. By Telephone.

[Muhaimin 1]

1 hour ago, JeanneAdil said:

you do not do this

its up to the USC to request the following when the case is at NVC stage (not before)

 

To request a IRS Verification of Non-filing Letter visit: www.irs.gov/individuals/tax-return-transcript-types-and-ways-to-order-them. This service is offered free of charge by the IRS and can be obtained through three different options: Online. By Telephone.

Yes but in the form I-864 it says:
"I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this."
Don't we have to write a tax exemption letter for this

 

[ethngd 24]

13 hours ago, Muhaimin said:

Yes but in the form I-864 it says:
"I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this."
Don't we have to write a tax exemption letter for this

 

You do. Just google for a template and she can write her reasonings for not filing taxes, which is under required threshold in this case

[JeanneAdil 6,483]

13 hours ago, Muhaimin said:

Yes but in the form I-864 it says:
"I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this."
Don't we have to write a tax exemption letter for this

 

No,  and the USC fills out the form and must provide the IRS as i said 

the I 864 is filled out and wet inked signed by the USC not the immigrant

also needs to show proof of US residency

your joint sponsor will do the I 864a and provide proof of US residency

 

if u send in a letter stating no taxes signed and not the IRS letter(which is easy to get) expect to be put in AP and asked by CO to get the proof

most people need an income to live in the US  so if she is married and on a joint tax return with her spouse,  she has filed taxes

[Lil bear 4,181]

3 minutes ago, JeanneAdil said:

your joint sponsor will do the I 864a and provide proof of US residency

This assumes the joint sponsor is a household member of the petitioner. 
 

if they are not , then the joint sponsor must file an I864 

[Muhaimin 1]

4 hours ago, JeanneAdil said:

No,  and the USC fills out the form and must provide the IRS as i said 

the I 864 is filled out and wet inked signed by the USC not the immigrant

also needs to show proof of US residency

your joint sponsor will do the I 864a and provide proof of US residency

 

if u send in a letter stating no taxes signed and not the IRS letter(which is easy to get) expect to be put in AP and asked by CO to get the proof

most people need an income to live in the US  so if she is married and on a joint tax return with her spouse,  she has filed taxes

The thing is my dad isn't a US citizen. He isn't Co-sponsering me. My uncle is. His income is enough to sponser and yes he has filed taxes. The petitioner which is my mom have never filed taxes as she has never worked in the US. She moved back to the US last year to file the petition for us. She does have a US bank account and US domicile to show proof of recidency but no tax returns

 

[Muhaimin 1]

4 hours ago, ethngd said:

You do. Just google for a template and she can write her reasonings for not filing taxes, which is under required threshold in this case

Yes but isnt te law that any income earned above $5 abroad has to be filed to the IRS. What possible reasoning can I give

 

4 hours ago, Lil bear said:

This assumes the joint sponsor is a household member of the petitioner. 
 

if they are not , then the joint sponsor must file an I864 

Yes the joint sponser isn't a household member

[Muhaimin 1]

4 hours ago, JeanneAdil said:

No,  and the USC fills out the form and must provide the IRS as i said 

the I 864 is filled out and wet inked signed by the USC not the immigrant

also needs to show proof of US residency

your joint sponsor will do the I 864a and provide proof of US residency

 

if u send in a letter stating no taxes signed and not the IRS letter(which is easy to get) expect to be put in AP and asked by CO to get the proof

most people need an income to live in the US  so if she is married and on a joint tax return with her spouse,  she has filed taxes

And btw NVC is asking me for tax returns in the required documents section. Otherwise a reasoning for not filing taxes

[Marvo 9]

"Verification of Non-filing Letter - states that the IRS has no record of a processed Form 1040-series tax return as of the date of the request. It doesn't indicate whether you are required to file a return for that year. This letter is available after June 15 for the current tax year or anytime for the prior three tax years using Get Transcript Online or Form 4506-T. Use Form 4506-T if you need a letter for older tax years." - sounds like your mom needs to request that proof from the IRS  (https://www.irs.gov/individuals/transcript-types-and-ways-to-order-them).

 

IRS makes it really easy to obtain information from them online. You can obtain that letter and generate an additional note with your mom's signature stating why you weren't required to file a tax return.

Edited November 20, 2023 by Marvo

[Muhaimin 1]

On 11/19/2023 at 6:24 PM, Lil bear said:

This assumes the joint sponsor is a household member of the petitioner. 
 

if they are not , then the joint sponsor must file an I864 

What if the joint sponser is my uncle

[Muhaimin 1]

On 11/20/2023 at 5:23 AM, Marvo said:

"Verification of Non-filing Letter - states that the IRS has no record of a processed Form 1040-series tax return as of the date of the request. It doesn't indicate whether you are required to file a return for that year. This letter is available after June 15 for the current tax year or anytime for the prior three tax years using Get Transcript Online or Form 4506-T. Use Form 4506-T if you need a letter for older tax years." - sounds like your mom needs to request that proof from the IRS  (https://www.irs.gov/individuals/transcript-types-and-ways-to-order-them).

 

IRS makes it really easy to obtain information from them online. You can obtain that letter and generate an additional note with your mom's signature stating why you weren't required to file a tax return.

But isn't that requested if a person isn't qualified to file taxes. In my moms case she earned more than $5 abroad. Isn't it supposed to be taxed?

 

[Marvo 9]

1 hour ago, Muhaimin said:

But isn't that requested if a person isn't qualified to file taxes. In my moms case she earned more than $5 abroad. Isn't it supposed to be taxed?

 

 Which category does your mom fall under in the IRS threshold for filing: 

 

https://www.irs.gov/newsroom/who-needs-to-file-a-tax-return

 

if she married and filing separately or if she is married filing together and reached the threshold than you have another issue on your hand. 

Edited November 28, 2023 by Marvo

[Muhaimin 1]

4 hours ago, Marvo said:

 Which category does your mom fall under in the IRS threshold for filing: 

 

https://www.irs.gov/newsroom/who-needs-to-file-a-tax-return

 

if she married and filing separately or if she is married filing together and reached the threshold than you have another issue on your hand. 

She is married filing separately but she earned around $1100-$1400 in 2021 and 2022 which is less than the threshold amount of $12000 earned locally but more than the threshold amount of $5 earned internationally. She had earned it internationally. But then theres another law the Foreign Earned Income Exclusion (FEIE), which states that the first $108,700 earned foreign is tax free which is confusing me.