How do I prove I've never had to file taxes?!!

[Isabel Maria 0]

Hi everyone!

I just received confirmation that my husband's case is "semi-approved" and we are waiting for his interview date.

Let me explain the semi-approved.....

I've filed TWO Affidavit of Support and now I have to take a THIRD to the interview. I filled out the Affidavit of Support with me as the only sponsor. Fortunately I have based everything on our Assets, which has led to his "approval" but I'm afraid that they will reject his visa because I can't provide the following documents:

[x] In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Item 13.a. You must include your _2013_ tax and income information. [

[x] Items 13.a.1. The income you enter must match the total (gross) income reported on your most recent Federal income tax return. If you filed Form 1040EZ, use the adjusted gross income instead.

My husband and I currently live together in Spain. I've lived here since I was 15... I'm 32 now. Since the Economic Crisis started getting really bad right after I left University, I couldn't get a stable job and so I decided to keep on studying, thus even though I've had various "small" part-time jobs I've never had to file because I didn't reach the minimum. I've only filed jointly with my husband since we got married but because of his job, not mine.

But the NVC doesn't accept that as an answer!

I've called the IRS in Paris, London, and the US. I even sent them a detailed explanation of what the IRS had told me, which was basically to not waste their time and mine filing for something I don't have to. The IRS agent even gave me his name and ID number so I could include it in the letter in case their was any problems. He also insisted I print out "Publication 17, Page 5" of the IRS that basically states who does or doesn't file taxes and to attach it to the file.

None of this has worked.

Does anyone have any suggestions?

Should I just wait until the interview and explain it in person? Should I take my work history to them so that they see I didn't make enough to file? IRS offices don't provide written statements by the way, I already tried. :S

I'm so scared...it's been two years now!

Thanks and good luck to everyone!!!

Isabel

[MouadsWife 161]

Call IRS or go into your local IRS office and request a tax transcript for all the years that are requested. It takes about 2 weeks to get in the mail.

[Isabel Maria 0]

Hi! Thank you for the answer, but how are they going to give me a transcript of something I've never filed in the US? The part where I said I had filed jointly is for Spain.

Edited April 2, 2015 by Isabel Maria

[Nich-Nick 3,354]

You are instructed in the I-864 instructions to submit a signed statement stating why you were not required to file. You should be specific about your income,

------------

STATEMENT OF NOT FILING TAX RETURNS

My Affidavit of Support Form I-864 does not include tax returns because I did not meet the income threshold required by the IRS to file.

In 2012 I was I unemployed and earned $0.00 and did not meet the $3800 threshold for Married Filing Separately.

In 2013 I earned $1234.56 and did not meet the $3900 threshold for Married Filing Separately.

In 2014 I earned $2414.88 and did not meet the $3950 threshold for Married Filing Separately.

Signature

Type full name

Date

---------------

That should go right behind the form where they would expect a tax return, not in a cover letter. The instructions clearly state you can send a statement explaining why you were not required to file. Perhaps NVC was not satisfied with your explanation if you used vague terms like "I didn't earn much" instead of exact dollar amounts.

If you earned more than those threshold amounts (in US dollars), then you were required to file.

And make sure your I-864 is filled out properly. Line 13a where the tax return info would go can be filled out with N/A if it will take letters or use $0.00. Do not check either of those boxes that say "I have filed..." Or "I have attached..."

Since it is tax filing time, you might as well use 2014 as your most recent year instead of 2013.

[emily.carles 1]

Hi! I had the same issue as I had been living in Spain with my husband for three years or so. I assume that you will be doing your interview in Madrid??? When we had our interview the guy was a complete jerk. We had enough assets to meet the requirements and then some (which for two people at 125% of the poverty rate for 3 years worked out to be something like 60,000$+). The consular refused to let us sponsor ourselves, which I am fairly certain was a violation of the law but, hey, what the hell could we do?! SO we had to go home, without a visa, and round up a co-sponsor and submit all of that paperwork and then we were approved. In my experience, they don't look kindly on asset-based income because it won't last forever and without proof that one of you has a job in the US with regular income then they assume that you will just go broke and be a drain on the system. That is pretty much paraphrasing what the consular said to me. He also said, "Do you know how expensive it is to live in the US? You will burn thrugh 70 grand before you can blink." Not even kidding that is word for word what he said to me.

As far as getting your tax information accepted I would follow the previous posts' suggestions. And if I were you I would get a co-sponsor if at all possible because it will give the consular the warm-fuzzies.

Best of luck and stay strong!

[Isabel Maria 0]

Thank you Emily and Nich for the replies.

I will try what you said Nich, I was also thinking of taking a translated "Certificado de Retenciones" that shows what I have made each year in Spain. Hopefully this along with the "Nominas" and the explanation you told me to write will be enough.

Unfortunately Emily I don't have the possibility of a co-sponsor... Hopefully we won't have the interview with that officer. What he did was in fact illegal, so I'll be taking the instructions which specify that you can have an asset - based approval.

Hopefully this will be over soon. It's already been two years!!!

Again, thank you so much for your replies! I'll let you know how it goes!

Best regards!

Isabel