I-864 issues...

Hi all,

My wife and I are just completing the I-864 Affadavit of Support, and we have a couple of questions that hopefully someone here can answer!  My wife (who is the US Citizen) completed her University studies in June 2004, and since then hasn't worked.  Therefore, she has no income and has never filed a tax return.  The I-864 though doesn't seem to cater for this!  Do we just leave those fields blank??  Since she can't supply 3-yrs worth of tax returns, what do we do with it?  Incidentally, we already have a joint sponsor who has already filled in the I-864 as a joint sponsor, so we should be okay for the actual requirements...

Thanks!

S.

Hi Emmy,

When we repatriated, I was the sole sponsor (the USC) for my husband (UKC).

As a full time housewife for over seven years, I had absolutely no income (zilch), and was concerned about this too.

What I did was contact the IRS at the London Embassy.  I explained my situation and in turn, they sent a form letter to me which stated that, if your income is below $XXXXX, you are not required to file taxes.  The I-864 does state somewhere that if you did not file taxes, to include an explanation why.  I wrote such a letter then referenced and attached the form letter from the IRS.  We had no problems.

Of course, this is based on our experiences and circumstances.  I would advise you to contact the IRS at the Embassy directly and discuss your personal circumstances with them so that you take the right steps that pertain to you.

Good luck Emmy!!!!!

Hi Emmy,

Kellie has given you the best advice possible in both instances, to call the Embassy and relate your own experience and to evidence the lack of paid/filed tax with a letter.  I have seen instances of this on many sites with people wondering what to do and they all agree that a letter explaining your (or your spouses) reasons for not filing is sufficient - however, to be on the safe side, I would do exactly what Kellie suggested and get the form letter (there seems to be some form for almost every eventuality)!

Very best of luck (have seen your posts at various forums) and it looks like you guys have been given the run around that's for sure- but I haven't seen you here Dive Into America A DCF/I-130 forum where similar issues are going to be cropping up.

I am a DCF'er, so I realise it's not quite the same, but similar and hope everything goes smoothly for you and your wife.

Sheril

Hiya,

Thanks for that!   I've signed up to Dive into America, and will be on there too from now on

S.

Great Look forward to seeing you there -  I am sure there is someone there in a similar position to you ( unable to do DCF) and I remember cross referencing a post to this forum and telling them to look for you, so hopefully there will be some more support for you there too

See you soon

S

Hiya Emmy!!

I also had no income for 2 of the 3 years and acted as sole sponsor for my UKC Husband when we filed. I didnt sent to the IRS for a letter stating I had no need to file because I had no income. I simply stated in my cover letter that I had no income and therefore was not required to file. They know what the requirements in regards to filing / not filing and it wouldnt be in someone's benefit to lie about having no income in this case so I reckon they dont need anything official from the IRS. It says on the instructions just to state in a letter why you didnt have to file. Either way (Kellie's or mine) is perfectly acceptable.

You can make up for your lack of income by using assets (property, cars, investments, savings, positive bank balances etc).

On the forms themselves, just enter all 0's or none's or N/As according to what you think is most appropriate to answer the particular question, but DO NOT leave them blank. The instructions state that you must answer all questions. Questions which are not relevant to your situation - answer N/A. If your wife had no income and the question is, for example, "What was your income for 2004?" write NONE. It IS relevant, so none is more appropraite.

Then just include your sponsor's paperwork and away you go

Hope that helps!
Sarah

Hi Sarah!

Thanks for the response   What about checkboxes though?  There's one question which asks you to tick which category (filed single, filed joint, etc) you're in, and none of them say "Never filed taxes"!

Thanks!

S.

Hehe. Just leave it blank They'll know what you mean *HUG*