Letter explaining why tax's weren't filled (I-864)

[archit_k 0]

In Part 6 of the form 13a, 13b, 13c we need to fill out the adjusted gross income from previous years.

My wife was in collage for 2012 and 2011 tax year and had zero income so she didn't need to file. The instruction in the PDF states to write a letter explaining the reasoning behind not filling.

What should i write in the letter, just simple explanation that she was in collage and didn't have a income. Is there anything else i should add. Can someone help in drafting a letter for this.

[Loving_girl 38]

In Part 6 of the form 13a, 13b, 13c we need to fill out the adjusted gross income from previous years.

My wife was in collage for 2012 and 2011 tax year and had zero income so she didn't need to file. The instruction in the PDF states to write a letter explaining the reasoning behind not filling.

What should i write in the letter, just simple explanation that she was in collage and didn't have a income. Is there anything else i should add. Can someone help in drafting a letter for this.

We wrote letter why my husband is not a tax payer (it's also in the instruction where they ask to explain why taxes are not filed etc)....and.....we got rfe to send them bank statements of his income (though we added his pay stubs for 2!!!!! years and all necessary prove of his income at the first place when filling..)

the letter we wrote was: explaining what my husband was doing for living, since when he is retired and why he does not file taxes (also included IRS statement where they explain that certain categories are not paying taxes), my husband signed the letter etc.

So, my recommendation, from my own experience: if she now has an income and it's above poverty, i would add bank statements (for 6 or 12 months), and of course her letter from employer, tax forms, income statements, pay-stubs etc....(it's better to overload them with the info than to get a stupid RFE).

In my case I assume someone was TOOO LAZY to go through all the papers and letters that we sent them at first place (explaining taxes, pay-stubs etc) so they decided to send RFE asking for a bank statement.....it's all human factor, some officers analyze papers file for AOS some just follow "instructions" sending rfes without reading all papers..... sad but true.......

[aaron2020 11,651]

In the cover letter for the I-864, the petitioner simply states that she was a full-time college student for all of 2011 and 2012. She did not earn any income during those years and was not required to file tax returns for those years.

It's that simple.

My father is retired and he does not file taxes because his sole income is from Social Security which is tax exempt. As the petitioner for my father, he submitted a statement similar to the one above. There was no RFE or problem. My brother and his family got their visas.

Edited July 17, 2014 by aaron2020

[archit_k 0]

Thank You..

So it really is as simple as stating that she was a full time student on the cover letter and it should be fine.

[aaron2020 11,651]

Thank You..

So it really is as simple as stating that she was a full time student on the cover letter and it should be fine.

You need to include the part about no income.

Saying she is a full time student alone is not enough. Lots of full time students have jobs and are required to file tax returns.

Be precise.

[KayDeeCee 4,892]

I would include the statement with the actual I-864 form documents and not only mention it on the cover letter. They may not even see or read the cover letter when going over the I-864. Filing for AOS concurrently with the I-130 will have a lot of forms and documents in one mailing. You want to be sure they get/see the required statement.

For the years she did not file, on the I-864 hand-write in See Attachment and add the statement as an attachment with the I-864. State that she was not legally required to file taxes for 2011 and 2012 because she was an unemployed student with zero income those years.

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

Edited July 18, 2014 by KayDeeCee

[Portlandia 15]

Keep the letter simple. Include your wife's name, address and SSN on the letter in case they want to check anything (they probably won't, but it proves that you have nothing to hide). The main point that needs to be made in the letter is that your wife's income was under the threshhold that required her to file taxes for the relevant financial year(s). The reason for that (that she was a full time student) is not relevant - but it's probably worth mentioning just to avoid further questions.

My husband did this for our AOS paperwork - we didn't get an RFE and have our visa interview scheduled for next week (we've completed a new i-864 as he's earning more money in the 2014 tax year, but he has also included a new statement for the 2013 tax year - we filed in December 2013 so the older statement related to the 2012 tax year)

[minh6969 1]

Go to IRS office and ask for the non-filing verification. That would be enough, imo

[KayDeeCee 4,892]

Go to IRS office and ask for the non-filing verification. That would be enough, imo

Then you have not read the I-864 form instructions. An IRS document that states you did not file does nothing to explain why you were not legally required to file taxes that year.