Question/Issue about I-864

[Illusion1 0]

My wife is a US Citizen, we got married here in Brazil in 2010 and she spent all this time here in brazil.

We're not sure what to do about the I-864, since she's been here in Brazil all this time without any income in the US.

Her parents are being extremely difficult so they won't be helping us, we're trying to have a few friends from the US to help us out.

My questions are, does she still have to file a I-864 even if she has no income at all? Will she have to show something about it?

Her status with the IRS is fine, but she didn't have to to file any tax returns so she doesn't have anything to show regarding that.

Also, what will the people sponsoring have to show financial wise other than the I-864? I was studying it but it's still not very clear.

Thanks a lot in advance!

[Stressed Out 81]

Your wife being the USC spouse will automatically be considered the main sponsor, whether she can support you financially or not...because she's your wife bringing you to her home. If she (like me) didn't make a high enough income (I believe combined $20k a year is what my uncle told me) to be required to file tax returns then she can type up a short letter stating that she wasn't making a high enough income...this has worked for other VJ users on here I've seen.

Sorry that the in-laws aren't cooperating. Whoever is kind enough to step up to the plate for you guys and file a SECOND I-864 (not I-864a...that's for people literally living under the same roof - i.e. when two brothers live together and want to sponsor their little sister) will be required to submit the tax returns of the past 3 years as evidence.

So your wife needs to fill out her own I-864 and include her "excuse" as to why she has no tax returns as proof. And your joint sponsor will submit their own second I-864 with 3 years of tax returns.

[Illusion1 0]

Your wife being the USC spouse will automatically be considered the main sponsor, whether she can support you financially or not...because she's your wife bringing you to her home. If she (like me) didn't make a high enough income (I believe combined $20k a year is what my uncle told me) to be required to file tax returns then she can type up a short letter stating that she wasn't making a high enough income...this has worked for other VJ users on here I've seen.

Sorry that the in-laws aren't cooperating. Whoever is kind enough to step up to the plate for you guys and file a SECOND I-864 (not I-864a...that's for people literally living under the same roof - i.e. when two brothers live together and want to sponsor their little sister) will be required to submit the tax returns of the past 3 years as evidence.

So your wife needs to fill out her own I-864 and include her "excuse" as to why she has no tax returns as proof. And your joint sponsor will submit their own second I-864 with 3 years of tax returns.

I see. The last tax return that she has is the one from 2010, could we include that one and explain in a letter why she has no tax returns between 11-13 or not even bother with the 2010 tax return?

Also, a potential joint sponsor doesn't meet the required income in the tax returns of 2012 and 2013, but as of this year he does. Would including current info like pay checks etc work or he would have to include that he currently has assets like savings and property?

Thanks!

Edited August 25, 2014 by Illusion1

[Stressed Out 81]

Your wife would also be required to submit three years of tax returns, so I would include just the 2010 TR and then the letter stating her income was too low the other years. And as far as your friend's tax returns go, I'm not sure how it works for people that first earn a sufficient income before the next tax return is due. Someone correct me on this, but I'm sure that evidence of a job change/paystubs would suffice. As long he's making enough money now to file the AOS then I don't see there being a problem.

[Illusion1 0]

Thanks for all the answers!

Something that I've been wondering/reading about is that mentioning that my wife (usc) and I have been married and living here for over 4 years helps speed up the process, is that true?

[Stressed Out 81]

It's certainly better than being married 4 days, haha. Even if it happens to not go as quickly as you like just be happy that a 4-year marriage entitles you to an Immediate Residence green card, which is valid for 10 years vs. marriages younger than 2 years get only the Conditional Residence which you have to spend extra time, effort and money in renewing the green card within 2 years. I myself believe it probably goes a tad bit faster on average for those of us with marriages 3 years or older. And having no kids means no extra petitions being filed which might speed it up as well. Don't fret! If you love each other and stay strong, you'll be in the States in no time!

[silverjetplane 34]

My wife is a US Citizen, we got married here in Brazil in 2010 and she spent all this time here in brazil.

We're not sure what to do about the I-864, since she's been here in Brazil all this time without any income in the US.

Her parents are being extremely difficult so they won't be helping us, we're trying to have a few friends from the US to help us out.

My questions are, does she still have to file a I-864 even if she has no income at all? Will she have to show something about it?

Her status with the IRS is fine, but she didn't have to to file any tax returns so she doesn't have anything to show regarding that.

Also, what will the people sponsoring have to show financial wise other than the I-864? I was studying it but it's still not very clear.

Thanks a lot in advance!

The other advice given here is right: your wife MUST fill out the I-864 along with a co-sponsor (in your case). That co-sponsor must use the I-864.

But make sure you are doing this all correctly. Was your wife working during her time abroad? Did she make any income? USCs are required to FILE taxes each year with income abroad but they don't have to PAY taxes (unless it's over around $90,000 per year). If this is your case, your wife will need to back-file her taxes. It's actually a really easy process and there is no penalty. I used an accountant who submitted everything and the IRS accepted it all within a week. Then, I was able to print out my tax transcripts from the website and send in my form. I used my dad as a co-sponsor and we also sent in his tax transcripts with the I-864. But perhaps your wife's situation doesn't meet this criteria and then a letter explaining why she didn't have to file taxes will suffice. Just note that "I lived abroad" doesn't justify not filing taxes.

As an additional note, read as much as possible about the I-864. It's a tricky little document and there are some questions that are commonly missed (#12, I think, about military service) and those are required questions. You can get a checklist (like an RFE) if you do not complete the form correctly.

The co-sponsors will have to show that they make enough income to support their household size plus 1 (the intending immigrant). It's all detailed on the I-864P (which shows the various income levels). They'll also have to provide the recent tax transcripts/returns for the last 3 years and proof of assets if those are going to be counted in the total amount.

You can find that and many other resources on Saylin's NVC Wiki here: http://www.visajourney.com/wiki/index.php/NVC_Process

Honestly, you will not find a better resource than that wiki and these forums. If you have any questions, continue to post and you'll get some good answers.

As always - be meticulous! Check, double-check, re-check, and check it again before sending it. Getting a checklist will delay you at least 2 months so try to avoid those as best as possible. Good luck!

[Illusion1 0]

The other advice given here is right: your wife MUST fill out the I-864 along with a co-sponsor (in your case). That co-sponsor must use the I-864.

But make sure you are doing this all correctly. Was your wife working during her time abroad? Did she make any income? USCs are required to FILE taxes each year with income abroad but they don't have to PAY taxes (unless it's over around $90,000 per year). If this is your case, your wife will need to back-file her taxes. It's actually a really easy process and there is no penalty. I used an accountant who submitted everything and the IRS accepted it all within a week. Then, I was able to print out my tax transcripts from the website and send in my form. I used my dad as a co-sponsor and we also sent in his tax transcripts with the I-864. But perhaps your wife's situation doesn't meet this criteria and then a letter explaining why she didn't have to file taxes will suffice. Just note that "I lived abroad" doesn't justify not filing taxes.

As an additional note, read as much as possible about the I-864. It's a tricky little document and there are some questions that are commonly missed (#12, I think, about military service) and those are required questions. You can get a checklist (like an RFE) if you do not complete the form correctly.

The co-sponsors will have to show that they make enough income to support their household size plus 1 (the intending immigrant). It's all detailed on the I-864P (which shows the various income levels). They'll also have to provide the recent tax transcripts/returns for the last 3 years and proof of assets if those are going to be counted in the total amount.

You can find that and many other resources on Saylin's NVC Wiki here: http://www.visajourney.com/wiki/index.php/NVC_Process

Honestly, you will not find a better resource than that wiki and these forums. If you have any questions, continue to post and you'll get some good answers.

As always - be meticulous! Check, double-check, re-check, and check it again before sending it. Getting a checklist will delay you at least 2 months so try to avoid those as best as possible. Good luck!

Hey there, thanks for the answer!

Well, my wife stopped working in 2010, both here and in the US. She asked a IRS person in the US if it was ok for her not to fill tax returns while shes abroad, since she knew she was probably not gonna have any job and they said yes. We gave them a call a few months ago to confirm it and we got told the same thing. It may be the case that those people are wrong since it's not everyday that they deal with international stuff, so we're gonna try to see if we can file taxes anyway just to be 100% sure that nothing bad will happen.

The person that will be our co-sponsor didn't meet the required income on the 2013 tax return, but as of right now she's well above it for the required household size (their family, plus me and my wife), so hopefully a letter from her manager + payment slips will be enough to show them her income.

And yeah, I'll check everything a million times before sending anything. Part of my day job is to check for irregularities in documents anyway so hopefully I can put that to good use haha

Thanks for all the answers guys, you have all been amazing so far

Edited August 26, 2014 by Illusion1

[Nick&Diane 32]

Be careful filling in the Federal Income Tax Information section of her AOS form. There are three fields in which you list the previous three tax years and her total income for each - DO NOT LEAVE THESE BLANK! I have read a few people recently getting checklists for this.

Since your wife did not file taxes for these years it is not clear what you should enter into the fields - after being checklisted and calling the NVC about the issue one poster wrote 'Did not file taxes' in the total income field for each year - I think this was accepted.

Sorry I haven't linked to the post, it was two/three weeks ago and I've lost it. I'll post a link if I find it.

My husband also did not file taxes for 2011/2012 as he was exempt. We wrote N/A in the 2011/2012 fields but I am almost certain that we were wrong to do this and am expecting a checklist

[Nick&Diane 32]

Found it ...

http://www.visajourney.com/forums/topic/495970-i-864-dumb-checklist-request-re-gross-income-when-its-zero/

[Stressed Out 81]

Super, will come in handy for me when I get to the NOA2 stage.

Edited August 27, 2014 by Stressed Out

[Nick&Diane 32]

Super, will come in handy for me when I get to the NOA2 stage.

Good! The fewer checklists for us all the better!!

Good luck