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AlexandraDiana

U.S citizen spouse has no income

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Hi, I have a question in regards to my husband's situation: he doesn't have an income, he hasn't have since 2010 and I know he needs to explain the reasons for which he doesn't have any income coming in, what does he need to write in that letter?

If somebody says they get a gift of $12,000/year from their parents, do they need to show proof or any documents, file for taxes (both parent and child) or not?

Thank you for your help!

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You need a statement explaining why you were not legally required to file taxes, not why you have no income.

If you say you receive $12k a year on an affidavit of support, then yes, of course you need to supply documentation that proves you receive it.

As for filing taxes on it, that is a yes too. http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Frequently-Asked-Questions-on-Gift-Taxes


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Husband not working?

Line up a joint sponsor.


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Yes, he is not working, I have a joint sponsor but I have to write a letter according to my lawyer and explain why he doesn't have any income coming in.

How does't he explain that besides the fact that he hasn't worked at all?

He lived rent free in another house his parents own but they didn't put him as a dependent.

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What can be excluded from gifts?
The general rule is that any gift is a taxable gift. However, there are many exceptions to this rule. Generally, the following gifts are not taxable gifts.

  1. Gifts that are not more than the annual exclusion for the calendar year, 12,000/y is under that annual exclusion;
If he gets a birthday gift form his parents each year since 2010 of $12,000 according to what I pasted above from the IRS site, why he has to put it on his I-864 since he gets in cash lets say?

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Whether it is the US citizen or a co signer the US govt just wants someone legally on the hook.

But everything I have read is they are only intrested in seeing income not finiancial gifts.

They want to see payroll stubs and likely the most recient years tax report for the person who will sign the affidavit of support. They are looking at the income!

They want to know that someone they allow into the US will not become a public charge.

Gifts from relatives could stop as they are often informal.

So unless there is some legal document to show a certain amount would come each year- like from a family trust. It would be a hard sell to the USCIS.

I don't know a lot about gift taxes but it may be that if someone over 18 is recieving $15,000 or more a year in "gifts" from family members. I am thinking it is likely that the person recieving the money would have to file a tax return and declare the source of income?

I am thinking otherwise the IRS would assume the income is from illegal activities.

One thing is for sure, before starting any visa process. It is smart to get any and all tax irregularities cleared up so it doesn't come to suprise you later in the process : (

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I had a co-sponser... no where was the question "why don't you work". I didn't have a lawyer, I filled out my own forms and done all my own papers for the last 6 years. They were only concerned about what the cosponsors income was. You can't add your income plus the cosponsors to equal the amount your supposed to make to sponsor your spouse. The cosponsor, one persons income had to equal that amount, not two people jointly. They did however want to know my assets, and if I received and money on a monthly basis, gifts, alimony, or otherwise. ... but nowhere was the question "WHY don't you work:?


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Yes, he is not working, I have a joint sponsor but I have to write a letter according to my lawyer and explain why he doesn't have any income coming in.

How does't he explain that besides the fact that he hasn't worked at all?

He lived rent free in another house his parents own but they didn't put him as a dependent.

He writes a statement stating he was not required to legally file taxes for the last 3 years because his income of $0 is below the IRS filing threshold.

They don't care why he does not work, and they don't care if he lives rent free. They just want to know why he was not legally required to file his taxes.

What can be excluded from gifts?

The general rule is that any gift is a taxable gift. However, there are many exceptions to this rule. Generally, the following gifts are not taxable gifts.

  1. Gifts that are not more than the annual exclusion for the calendar year, 12,000/y is under that annual exclusion;
If he gets a birthday gift form his parents each year since 2010 of $12,000 according to what I pasted above from the IRS site, why he has to put it on his I-864 since he gets in cash lets say?

He does not have to list these gifts on his I-864. Who told you he must list them? The I-864 is to prove your income and/or assets meets the requirement to sponsor the immigrant. If he has no income and is using a joint sponsor, then he would not have to list the 'birthday money' as an asset. That amount is below the poverty level(even at only 100%), so it won't help him qualify for sponsorship anyway. For details on all the questions you are asking, you really need to read through the I-864 form instructions.

If the IRS states he is exempt from claiming the gift amounts and filing taxes on them, then don't file.

What visa are you adjusting from?

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I really appreciate your help, the lawyer was telling me to write the reasons for which his income is $0 in a letter but your example of a statement is what I was looking for, I didn't see it necessary why he needs to explain himself unless in required.

Thank you, it really cleared this issue for us!

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Yes, just a statement as to why he did not have to file.

From 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.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - AOS from F-1 ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I really appreciate your help, the lawyer was telling me to write the reasons for which his income is $0 in a letter but your example of a statement is what I was looking for, I didn't see it necessary why he needs to explain himself unless in required.

Thank you, it really cleared this issue for us!

Perhaps your lawyer was thinking of overseas interviews at embassies? I know my husband was asked about my non-working status. It doesn't really apply to your situation, though.


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