Okay, so my husband hasn't filed any taxes in years because (and this is his reasoning) he was a full time student and wouldn't have owed any money anyway and didn't want to be bothered filing to get his return. So I'm wondering if there is any way to file our I-864 without getting an RFE. We have a co-sponsor that makes tons of money, so I'm hoping if we explain it right they will overlook this and let it slide.
Anyone have any thoughts on what we should say or do?

Well, I wouldn't call him dumb..... ... I had the similar problem. Basically I didn't make enough to file taxes and therefore didn't file. There is a statement within the IRS tax code that states if you make below a certain amount, you don't HAVE to file.

I THINK all he would have to do would be to send in his reason for not filing taxes and back it up with the publication from the IRS highlighting the section pertaining to his situation [ie: amount $$ made] OR he could file late returns and then be fined for filing late. Frankly I would chose the first option.

Good Luck!

Mary K.

Hi toast,

It may turn out that he is actually smart

If he made under the income threshold for the year he is not required to file a tax return and he isn't required to submit it with your visa application (affidavit of support).

You will have to look at each year to see what the income cutoff was.

For instance, for 2006 if he is filing 'married filing separately' and he made under $3,400 he isn't required to file. The reference to the cut-off income for each year can be found on the 1040 instructions for each year, link to 2006 instructions (on page 6)

So if you find out that he doesn't have to file, that's all good, all you need to do is include a letter with your I-864 explaining that he didn't file and giving the reason why.

If he did make over the threshold then he will have to file those returns and include the figures for the 3 years and of course at least a transcript (or copy of 1040 and W2's) for 2006 with the I-864 - no way around that.

He should at least file 04/05/06 if this is the case.

Above what Trailmix has advised, if he is owed a refund, he can still claim it for up to 3 years after the due date of the return (April 15). It might be worthwhile penciling the return to see what the net tax owed/refund due is, assuming he was under the minimum threshold to file requirements. If he was over the minimum filing requirement, late fees, penalties and interest would probably eat the refund in which case he better catch up his returns and be prepared to pay them off.

I've filed quite late a few times in my life, but because I didn't owe any money any year, this is the advice that my CPA gave me.

If your husband is 100% sure that he doesn't owe any money, as you've mentioned above, then he can still go ahead and file all past returns without any penalty at all. The 15 April cutoff date is really just for those who owe money. If you're getting a refund, or don't owe anything...then you can basically file at any time.

If you really want the tax return copies to submit/take to your interview, then just go ahead and file...since you don't believe there is any money owed...there will be no problem. Just make copies of the returns before you send them in to the Fed...

Peace,
Mark-N-AAm

okay, good to know, I'll see what he wants to do. . . I'm not in as much trouble as I thought

SO your husband did not work and did not make income. He can still get a statement for each year from the IRS stating, "IRS does not have records of this person filing income tax returns for year XXXX"

There is a specific form that can be downloaded from the IRS website to request that statement. Do a search under copies, transcripts of tax returns on the IRS website.

Then he should write a letter explaining why he was not obligated to file taxes and staple to those three statements

If you make less than a certain amount you don't have to file.

http://www.irs.gov/individuals/index.html

Dumb? We non-filers take offense!

Just because we're smart (lazy) enough not to file doesn't make us stupid. Just makes us lazy (smart).

I didn't bother to file till I was *really* making money (that is, had a real job. lol.)