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I 864 affidavit of Support Help

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I was in the philippines for over 4 years and just got back to states several months ago. I'm currently petitioning my wife and am currently filing for I 864 affidavit of support. I'm using a family member as a joint sponsor but i ran into some questions in the process. I had no income for the last 4 years while in the philippines and hadn't filed any taxes. The form asks to file an income tax return or a letter stating that I was not required to file.

My questions are:

1. What type of letter is acceptable?

2. Do I have to file? I was reading the IRS form and it said I wasn't required to since I had no income.

Please Help!

Edited by CMAGR8DX
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Filed: AOS (apr) Country: Venezuela
Timeline

umm.. it think you were till required to fill out tax form.. but you need to ask a Tax person..

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01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

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02/16/2013.....Married!!

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05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
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Filed: Citizen (apr) Country: Ireland
Timeline

If you made no money at all, you can write a letter explaining so. They may ask at interview how you supported yourself, so may want to include an explanation. Here is what my husband wrote:

For the tax exemption letter, keep it short- here is what my husband wrote:

To Whom It May Concern:

I am Mr Penguin, Penguin's husband and petitioning sponsor. I did not file an income tax return for the years 2005, 2006 or 2007 because I have not worked during my 3 year residence within the Republic of Ireland. Once I came to Ireland, I was unable to find work and so used savings; I was maintained by my wife upon her income and savings. Since I made no income for these years of any type, I was not required to file an income tax return with the Internal Revenue Service.

Sincerely, Mr Penguin.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Country: Philippines
Timeline

I was in the philippines for over 4 years and just got back to states several months ago. I'm currently petitioning my wife and am currently filing for I 864 affidavit of support. I'm using a family member as a joint sponsor but i ran into some questions in the process. I had no income for the last 4 years while in the philippines and hadn't filed any taxes. The form asks to file an income tax return or a letter stating that I was not required to file.

My questions are:

1. What type of letter is acceptable?

2. Do I have to file? I was reading the IRS form and it said I wasn't required to since I had no income.

Please Help!

1. I think your letter stating why you were not required to file tax returns should cite the section of the IRS code, thus making it very clear why you did not file for the years not filed, It would not hurt. Short and simple is probably a good idea also.

Good luck.

Edited by Leatherneck

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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Thank you for responding so quickly! I will try writing the letter.

If you made no money at all, you can write a letter explaining so. They may ask at interview how you supported yourself, so may want to include an explanation. Here is what my husband wrote:

For the tax exemption letter, keep it short- here is what my husband wrote:

To Whom It May Concern:

I am Mr Penguin, Penguin's husband and petitioning sponsor. I did not file an income tax return for the years 2005, 2006 or 2007 because I have not worked during my 3 year residence within the Republic of Ireland. Once I came to Ireland, I was unable to find work and so used savings; I was maintained by my wife upon her income and savings. Since I made no income for these years of any type, I was not required to file an income tax return with the Internal Revenue Service.

Sincerely, Mr Penguin.

Thank you Leatherneck! I'll give it a try.

1. I think your letter stating why you were not required to file tax returns should cite the section of the IRS code, thus making it very clear why you did not file for the years not filed, It would not hurt. Short and simple is probably a good idea also.

Good luck.

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Filed: Country: Philippines
Timeline

Thank you for responding so quickly! I will try writing the letter.

Thank you Leatherneck! I'll give it a try.

You bet OP.

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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Filed: Citizen (apr) Country: Ireland
Timeline

***** Moving from AOS to CR-1 forum as OP is petitioning a wife not yet here *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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I was in the philippines for over 4 years and just got back to states several months ago. I'm currently petitioning my wife and am currently filing for I 864 affidavit of support. I'm using a family member as a joint sponsor but i ran into some questions in the process. I had no income for the last 4 years while in the philippines and hadn't filed any taxes. The form asks to file an income tax return or a letter stating that I was not required to file.

My questions are:

1. What type of letter is acceptable?

2. Do I have to file? I was reading the IRS form and it said I wasn't required to since I had no income.

Please Help!

1) Letter of Explanation for Tax Exemption Part 6. 2) No income = No filing. You have no income from work but if you did worked but did not get paid then you still must explain in the letter, especially if you put any employment history in your G-325A. Include this Letter of Explanation for Tax Exemption into your AOS Packet. Sample letter:

November 99, 2011

National Visa Center

RE: Part 6. Sponsor's income and employment and Explanation for Tax Exemption

NVC Case Number: MNL2011xxxxxx

Receipt Number: WAC-11-xxx-xxxxx

Carlo x, DOB xx/xx/xx, Petitioner, A999 999 999

Mary Louise x, DOB xx/xx/xx, Applicant

To whom it may concern:

I am writing this letter to explain and send a copy of the IRS Publication 501 showing my filing exemption as I did not qualify for filing a Federal income tax return law because my income was to little or no gross income the last 3 years.

Explanation... and attach a copy of Publication 501 pages 1-3. http://www.irs.gov/pub/irs-pdf/p501.pdf

Thank you for your understanding regarding this matter. If you have any question please do not hesitate to contact me at 999-999-9999 or email me at yahoo.com.

Sincerely,

Carlo x

Encl: IRS Publication 501

Edited by JoeVisa

09/06/07: Went to the Philippines to marry my fiancee.

11/29/07: Wedding Day!

11/30/10: Going back to US, to get my wife!

05-06/11: Sent & Received Congressman's letter & advice.

06/23/11: Found and joined... VisaJourney.com!

06/27/11: Filing “Form I-130 IR-1” and Expediting it with Humanitarian cover letter.

07/08/11: Mailed I-130 to P.O. Box 804525, Attn. EXPEDITE I-130 SPOUSE, Chicago, IL.

07/18/11: Received Hardcopy Form I-797C or NOA1 in mail, receipt date 7/13/11 and priority date 7/12/11.

08/08/11: Called USCIS 800 number to check on status.

08/23/11: Request for Expedite Approved. Received NOA2 dated 08/23/11.

09/09/11: Called NVC they got my file from USCIS.

09/13/11: Received NVC Case# & IIN# (via email) & emailed DS-3032 from PI to NVC.

09/14/11: AOS Fee Paid Online (status PAID on 9/15 also at this time IV Fee Bill Generated)

09/16/11: IV Fee Bill Paid Online (status PAID on 9/19 and printed Barcoded Coversheets)

09/20/11: Express mail both the I-864s AOS and IV DS-230 (arrived 9/21 NVC)

09/27/11: Case completed file shipped to USEManila; arrived 10/3

10/13/11: Medical passed/completed today but still NO interview date yet?

10/16/11: Called USEManila file ready! Called Appt. Services set up Interview Date for 11/9/11.

11/09/11: Interview. But had to comply with 221g, re-verification forms CENOMAR/NBI.

12/02/11: Visa approved but delivered 12/7/11.

12/12/11: POE – Detroit.

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Thanks Joe... I really appreciate it... God bless us both on our journey! biggrin.gif

Sure thing! Don't forget your AOS Packet/Cover sheet, BARCODED cover sheet and write your NVC CASE # on each pages "top-right" of your I-864 form.

09/06/07: Went to the Philippines to marry my fiancee.

11/29/07: Wedding Day!

11/30/10: Going back to US, to get my wife!

05-06/11: Sent & Received Congressman's letter & advice.

06/23/11: Found and joined... VisaJourney.com!

06/27/11: Filing “Form I-130 IR-1” and Expediting it with Humanitarian cover letter.

07/08/11: Mailed I-130 to P.O. Box 804525, Attn. EXPEDITE I-130 SPOUSE, Chicago, IL.

07/18/11: Received Hardcopy Form I-797C or NOA1 in mail, receipt date 7/13/11 and priority date 7/12/11.

08/08/11: Called USCIS 800 number to check on status.

08/23/11: Request for Expedite Approved. Received NOA2 dated 08/23/11.

09/09/11: Called NVC they got my file from USCIS.

09/13/11: Received NVC Case# & IIN# (via email) & emailed DS-3032 from PI to NVC.

09/14/11: AOS Fee Paid Online (status PAID on 9/15 also at this time IV Fee Bill Generated)

09/16/11: IV Fee Bill Paid Online (status PAID on 9/19 and printed Barcoded Coversheets)

09/20/11: Express mail both the I-864s AOS and IV DS-230 (arrived 9/21 NVC)

09/27/11: Case completed file shipped to USEManila; arrived 10/3

10/13/11: Medical passed/completed today but still NO interview date yet?

10/16/11: Called USEManila file ready! Called Appt. Services set up Interview Date for 11/9/11.

11/09/11: Interview. But had to comply with 221g, re-verification forms CENOMAR/NBI.

12/02/11: Visa approved but delivered 12/7/11.

12/12/11: POE – Detroit.

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Thanks Joe... I really appreciate it... God bless us both on our journey! biggrin.gif

Thanks, by the way, you got to understand the reason my timeline is on turbo mode is due to my medical illness which I expedited it at every level possible. So, just take your time and make sure all your information are all accurate. As far as your Consular Report of Birth Abroad of a USC good luck on that -- when do you expect this to be done? Hopefully, it will be done in two to three months as that is probably the timeline of NVC processing to Interview date?!

As soon as you “GET” a case complete from NVC whether an email or letter you can pretty much set up a medical exam using online registration through St. Luke site http://www.slec.ph/index.php (for US Immigrant Visa Applicants Only.) My wife wanted to make sure she did her medical early just in case there's any problem like sputum test before her interview. For more information on medical exam check this link: http://www.visajourney.com/forums/topic/221658-st-lukes-medical-exam-walkthrough/ Then, when medical is good you may call the USEmbassy at 214-571-1600 to set up your interview. Unless of course you want to do these the same week it's doable as medical only takes two days. Usually, medical on Monday and Interview on Wednesday or Thursday.

Edited by JoeVisa

09/06/07: Went to the Philippines to marry my fiancee.

11/29/07: Wedding Day!

11/30/10: Going back to US, to get my wife!

05-06/11: Sent & Received Congressman's letter & advice.

06/23/11: Found and joined... VisaJourney.com!

06/27/11: Filing “Form I-130 IR-1” and Expediting it with Humanitarian cover letter.

07/08/11: Mailed I-130 to P.O. Box 804525, Attn. EXPEDITE I-130 SPOUSE, Chicago, IL.

07/18/11: Received Hardcopy Form I-797C or NOA1 in mail, receipt date 7/13/11 and priority date 7/12/11.

08/08/11: Called USCIS 800 number to check on status.

08/23/11: Request for Expedite Approved. Received NOA2 dated 08/23/11.

09/09/11: Called NVC they got my file from USCIS.

09/13/11: Received NVC Case# & IIN# (via email) & emailed DS-3032 from PI to NVC.

09/14/11: AOS Fee Paid Online (status PAID on 9/15 also at this time IV Fee Bill Generated)

09/16/11: IV Fee Bill Paid Online (status PAID on 9/19 and printed Barcoded Coversheets)

09/20/11: Express mail both the I-864s AOS and IV DS-230 (arrived 9/21 NVC)

09/27/11: Case completed file shipped to USEManila; arrived 10/3

10/13/11: Medical passed/completed today but still NO interview date yet?

10/16/11: Called USEManila file ready! Called Appt. Services set up Interview Date for 11/9/11.

11/09/11: Interview. But had to comply with 221g, re-verification forms CENOMAR/NBI.

12/02/11: Visa approved but delivered 12/7/11.

12/12/11: POE – Detroit.

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