I-864 - No Federal Tax Returns

[Na&John 3]

Hello guys,

My K1 visa was approved yesterday, yay

Now we are already thinking about the next steps and filling the I-864 Form, we have a question about the Federal Tax Return.

My fiance only started working in august/2014, before he was in college, so we don't have 3 years of tax return information and now we don't know what to answer on item #13.

Does someone know what to do?

Thank you so much

[ritbiv 95]

Left the question number 13 unchecked.

For the total income for most recent, second most recent and third most recent year enter 0.00. Your fiance need to write a letter explaining the situation and why he was exempted from filing the taxes.

For current annual income enter the recent annual income. (Calculate from Aug 2014) Provide employment letter and paystubs to prove the current income.

[Na&John 3]

Oh, thank you a lot

[KayDeeCee 4,891]

Don't put $0 as the answer for your Total Income from the last 3 tax returns, since you did not file you have no dollar amount to answer there. Put 'N/A-See Attachment' or 'Income too low. Did not file'. Provide a statement as to why you were not legally required to file taxes for any of the last 3 years you did not.

Page 6 of the I-864 instructions >

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 written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

[ritbiv 95]

Don't put $0 as the answer for your Total Income from the last 3 tax returns, since you did not file you have no dollar amount to answer there. Put 'N/A-See Attachment' or 'Income too low. Did not file'. Provide a statement as to why you were not legally required to file taxes for any of the last 3 years you did not.

Page 6 of the I-864 instructions >

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 written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

Thanks for clarifying. I was going to enter 0.00 in my form as well. I saw some VJers were successful by entering 0.00$ and providing an explanation about the reason for not filing. Confused.

On 2012 my husband (petitioner) did not file any taxes because of his zero income. He was mentioned as a dependent in his dad's IRS Tax transcript. Should he write Income too low for 2012 total income and provide his dad's tax transcript (with him as a dependent) with a written explanation?

Edited January 28, 2015 by ritbiv

[KayDeeCee 4,891]

You would only put $0 if that is the amount shown on your tax return. If you did not file, there is no amount to list. You could also put 'Not required to file-Income below threshold'. It is probably easiest to put N/A where the income amounts go and hand-write the parts about not being required to file and see attachment in the white space above the question data boxes.

No need to provide the father's tax return for that. He just needs to provide a statement explaining he had no income in 2012 and was not legally required to file that year.

Edited January 28, 2015 by KayDeeCee

[Na&John 3]

Thank you so much KayDeeCee!

[ritbiv 95]

You would only put $0 if that is the amount shown on your tax return. If you did not file, there is no amount to list. You could also put 'Not required to file-Income below threshold'. It is probably easiest to put N/A where the income amounts go and hand-write the parts about not being required to file and see attachment in the white space above the question data boxes.

No need to provide the father's tax return for that. He just needs to provide a statement explaining he had no income in 2012 and was not legally required to file that year.

My husband called NVC and they suggested to put 0.00 for 2012 total income and a statement supporting that. He said the total income question are meant for entering numeric values. Should he make that sure by calling a different representative?

[KayDeeCee 4,891]

My husband called NVC and they suggested to put 0.00 for 2012 total income and a statement supporting that. He said the total income question are meant for entering numeric values. Should he make that sure by calling a different representative?

Getting the I-864 processed through the NVC, as you are for a spousal visa, and getting it processed by the USCIS, as the OP is for AOS, can be different.

It should not be, but it can be. The NVC seems to be more strict on what they want and sometimes do not even seem to adhere to actual form instructions. They are correct in that that those data fields were meant for numerical values, but they will accept characters other than numbers. The instructions state that if the answer is none or N/A, then to leave it blank, but the NVC does not like blank fields(See how to avoid checklist: http://www.visajourney.com/wiki/index.php/NVC_Process).The answer is that you did not file, so there would be no numeric dollar amount to list. Your total income from the 2012 taxes is not $0 since there was in fact no tax return to have a total income listed on. If the NVC wants you to put $0 anyway, then go ahead and do that, but I would still hand-write in the white space, 'Not required to file in 2012-See attachment.'

Here is some good info about getting the I-864 through the NVC when you did not file for any of the past 3 years :

http://www.visajourney.com/forums/topic/388151-i-864-confusion-petitioner-lives-abroad-with-spouse/?p=6175452

http://www.visajourney.com/forums/topic/368554-i-864-25-please-help/?p=5386305

http://www.visajourney.com/forums/topic/436626-i-864-didnt-file-most-recent-taxes/?p=6304346

[ritbiv 95]

Getting the I-864 processed through the NVC, as you are for a spousal visa, and getting it processed by the USCIS, as the OP is for AOS, can be different.

It should not be, but it can be. The NVC seems to be more strict on what they want and sometimes do not even seem to adhere to actual form instructions. They are correct in that that those data fields were meant for numerical values, but they will accept characters other than numbers. The instructions state that if the answer is none or N/A, then to leave it blank, but the NVC does not like blank fields(See how to avoid checklist: http://www.visajourney.com/wiki/index.php/NVC_Process).The answer is that you did not file, so there would be no numeric dollar amount to list. Your total income from the 2012 taxes is not $0 since there was in fact no tax return to have a total income listed on. If the NVC wants you to put $0 anyway, then go ahead and do that, but I would still hand-write in the white space, 'Not required to file in 2012-See attachment.'

Here is some good info about getting the I-864 through the NVC when you did not file for any of the past 3 years :

http://www.visajourney.com/forums/topic/388151-i-864-confusion-petitioner-lives-abroad-with-spouse/?p=6175452

http://www.visajourney.com/forums/topic/368554-i-864-25-please-help/?p=5386305

http://www.visajourney.com/forums/topic/436626-i-864-didnt-file-most-recent-taxes/?p=6304346

Thank you so much for the info.

[ritbiv 95]

Getting the I-864 processed through the NVC, as you are for a spousal visa, and getting it processed by the USCIS, as the OP is for AOS, can be different.

It should not be, but it can be. The NVC seems to be more strict on what they want and sometimes do not even seem to adhere to actual form instructions. They are correct in that that those data fields were meant for numerical values, but they will accept characters other than numbers. The instructions state that if the answer is none or N/A, then to leave it blank, but the NVC does not like blank fields(See how to avoid checklist: http://www.visajourney.com/wiki/index.php/NVC_Process).The answer is that you did not file, so there would be no numeric dollar amount to list. Your total income from the 2012 taxes is not $0 since there was in fact no tax return to have a total income listed on. If the NVC wants you to put $0 anyway, then go ahead and do that, but I would still hand-write in the white space, 'Not required to file in 2012-See attachment.'

Here is some good info about getting the I-864 through the NVC when you did not file for any of the past 3 years :

http://www.visajourney.com/forums/topic/388151-i-864-confusion-petitioner-lives-abroad-with-spouse/?p=6175452

http://www.visajourney.com/forums/topic/368554-i-864-25-please-help/?p=5386305

http://www.visajourney.com/forums/topic/436626-i-864-didnt-file-most-recent-taxes/?p=6304346

Hello, I posted these questions in NVC filers thread but did not get any experienced answer.

I864 part4 question 12. Active Duty in Military Service

The instructions say to be completed by petitioner sponsor only.

What about joint sponsor? Should he left both boxes unchecked or check no if not in military services?

2.In part 3 I am the only immigrant so checked 1 AS YES. 2 is left unchecked

Is there any need to put N/A in questions 2.a, 3.a, 4.a etc?

3.Also in part 6 question 6.a our joint sponsor has entered the details of his spouse. Shoulsd we put N/A in 7.a, 8.a, 9.a or leave them blank?

4.In preparer's question N/A or blank?

5.My husband is USC. he provided SSN. In the portion of Alien registration number is there any need to put N/A or we should keep it blank?

6. I (Principal immigrant) don't have an A-Number. Should we hand write NONE?

Sorry too many questions but I really need help. Thank you.

[KayDeeCee 4,891]

Hello, I posted these questions in NVC filers thread but did not get any experienced answer.

I864 part4 question 12. Active Duty in Military Service

The instructions say to be completed by petitioner sponsor only.

What about joint sponsor? Should he left both boxes unchecked or check no if not in military services?

Joint sponsors are not required to answer this, but he could check No as to not leave any questions blank.

2.In part 3 I am the only immigrant so checked 1 AS YES. 2 is left unchecked

Is there any need to put N/A in questions 2.a, 3.a, 4.a etc?

Yes, just check the box for Yes in #1. You can put N/A for the rest to avoid a checklist from the NVC for blank fields. I know this has happened to people in the past, so better be safe and not leave blanks.

3.Also in part 6 question 6.a our joint sponsor has entered the details of his spouse. Shoulsd we put N/A in 7.a, 8.a, 9.a or leave them blank?

If he lists his spouse as Person 1, then he needs to check the box for #11 and the spouse needs to supply an I-864A. N/A for the rest. Seems weird. They should be blank, but like I said before, the NVC does not seem to always adhere to the form instructions. Thread about not leaving things blank for the NVC > http://www.visajourney.com/forums/topic/484394-rfe-for-blank-spaces-on-aos/

4.In preparer's question N/A or blank?

Put N/A. That is for a third party form preparer such as an attorney or visa filing service.

5.My husband is USC. he provided SSN. In the portion of Alien registration number is there any need to put N/A or we should keep it blank?

6. I (Principal immigrant) don't have an A-Number. Should we hand write NONE?

He fills in his SSN and then checks he is a USC in #11a. Put NONE for those, or another reliable VJ member stated to put all zeros for A#. I would think either would work.

Sorry too many questions but I really need help. Thank you.

You are welcome. I don't generally answer the questions about the I-864 for the NVC since I know more about the ones for adjustment sent to the USCIS, but I have read up some about it. I am going to ask someone with experience in dealing with the NVC to check this over just to make sure I answered you correctly.

[ritbiv 95]

Thank you so much KayDeeCee. I really appreciate your help. Just a quick thought If I write N/A in part3 question 2.a then is there any need to write N/A in the reast of the portion like 2.b, 2.c ... etc?

Edited January 31, 2015 by ritbiv

[KayDeeCee 4,891]

I personally would not think so, and would not put it in each and every data field. I think the first box covers the whole little section.

[ritbiv 95]

I personally would not think so, and would not put it in each and every data field. I think the first box covers the whole little section.

Thank you so much.