Did not file taxes for 2012 as unemployed! Advice please

[Jack2107 46]

Ok so for 2012 taxes was not filed as my husband was not working.

He has taxes for 2013 and 2014

But on the affidavit of support part 6 question 19c what would we put? Do we leave it blank?

Also would we tick question 20 even though we have provided last two years taxes?

[Elf 146]

Ok so for 2012 taxes was not filed as my husband was not working.

He has taxes for 2013 and 2014

But on the affidavit of support part 6 question 19c what would we put? Do we leave it blank?

Also would we tick question 20 even though we have provided last two years taxes?

We had a similar situation (not required to file in one of the last three tax years). For the year in which my wife was not required to file, we answered "0". We didn't have to answer question 20, which was added when the form was revised a few months after we submitted, but if it had been on the old form I would have checked/ticked the box.

We checked the box for "(optional) I have attached photocopies or transcripts of my Federal income tax returns for the second and third most recent tax years" and included transcripts for 2013 and 2014 plus a notarized affidavit stating that my wife was not required to file a return for 2012.

The notarized affidavit was probably overkill, but was what our lawyer suggested. A simple letter signed by the petitioner should be fine. The instructions for form I-864 say "If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting Form I-864. 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 typed or printed explanation." I read that as meaning that the petitioner should attach an explanation if they weren't required to file a return in one or more of the past three years, not just if they weren't required to file in the most recent year.

If you want some boilerplate text for the letter, you could adapt the wording we used on the notarized affidavit:

AFFIDAVIT OF [PETITIONER'S NAME]

I, [Petitioner's name], depose and state:

I make this Affidavit in support of Form I-864 (Affidavit of Support) that I filed for [beneficiary's name]. I am explaining why I did not file a tax return for the year 2012.

I did not submit a tax return copy for the year 2012, because I did not have income in the year 2012. Pursuant to the filing requirements for IRS Form 1040, a single person only had to file a return if his/her gross income was at least $10,000.

I am willing to testify to the truth of the foregoing.

_______________________________

Subscribed and sworn before me this ___ day of ___________, 2015.

[RaMJaTB 10]

Thank you very much for that Elf! I am in a similiar situation. We haven't come to that point yet but I would like to be prepared when we get there.

For the past 8 years I was living in South Africa with my South African husband. Since I was there on an acc spouse visa I was not able to legally work and therefor had no income. So, I have no taxes filed at all for 8 years.

I am now back in the states with our two kids (they have dual citizenship) and we are waiting for our NOA2.

What worries me is that my parents have offered to file as joint sponsers and they have procured a lawyer to help them complete it. My question(s) are:

Will I have to fill out an affidafit such as you posted previously and simply state that I had no income? Will my husband need to list my parents Lawyer as the Agent/Attourney selected? Since my husband is filing through the Consulate in South Africa will my parents have to send the completed I-864 and my statement to him to file with his application from the NVC (once we FINALLY get it)? And finally, will my husband need his own lawyer from South Africa to file his application?

[Elf 146]

Will I have to fill out an affidafit such as you posted previously and simply state that I had no income?

I think a simple letter is all that's needed. We sent a notarized affidavit because that's what our attorney suggested and there was a notary easily available, but the instructions only require "a written explanation". You will need a letter. You as the petitioner are the principal sponsor and must complete an i-864 even if you had no income, so you'll need to either provide tax transcripts/returns or a written explanation of why you did not file.

Will my husband need to list my parents Lawyer as the Agent/Attourney selected?

I don't think so, if their attorney's simply advising/assisting with the preparation of their i-864 and i-864a, but presumably the attorney will know whether or not the extent of his/her involvement requires a G-28 to be filed. Simplest thing would be ask him/her.

Since my husband is filing through the Consulate in South Africa will my parents have to send the completed I-864 and my statement to him to file with his application from the NVC (once we FINALLY get it)?

Sorry, I'm not familiar enough with the process to say for sure - we did AOS so I don't have personal experience of the IR-1 route. I think it varies depending on the consulate. According to the Consulate Info for Johannesburg here at VJ

What forms should be send back to the Consulate? As listed in your packets

IR1/CR1: All "packets" sent via email. Any originals not previously sent must be taken with to interview. No documents to be sent to Consulate.

And finally, will my husband need his own lawyer from South Africa to file his application?

No :-)

[RaMJaTB 10]

Will I have to fill out an affidafit such as you posted previously and simply state that I had no income?

I think a simple letter is all that's needed. We sent a notarized affidavit because that's what our attorney suggested and there was a notary easily available, but the instructions only require "a written explanation". You will need a letter. You as the petitioner are the principal sponsor and must complete an i-864 even if you had no income, so you'll need to either provide tax transcripts/returns or a written explanation of why you did not file.

Will my husband need to list my parents Lawyer as the Agent/Attourney selected?

I don't think so, if their attorney's simply advising/assisting with the preparation of their i-864 and i-864a, but presumably the attorney will know whether or not the extent of his/her involvement requires a G-28 to be filed. Simplest thing would be ask him/her.

Since my husband is filing through the Consulate in South Africa will my parents have to send the completed I-864 and my statement to him to file with his application from the NVC (once we FINALLY get it)?

Sorry, I'm not familiar enough with the process to say for sure - we did AOS so I don't have personal experience of the IR-1 route. I think it varies depending on the consulate. According to the Consulate Info for Johannesburg here at VJ

What forms should be send back to the Consulate? As listed in your packets

IR1/CR1: All "packets" sent via email. Any originals not previously sent must be taken with to interview. No documents to be sent to Consulate.

And finally, will my husband need his own lawyer from South Africa to file his application?

No :-)

Thank you!