I-864 Help

[Tunisian_tunisia 13]

25 minutes ago, pantonia said:

I'm not sure about this one, depends on her reasons. For sure you need to attach a letter of explanation (title it Letter of explanation regarding form......question.....) stating why she didn't have to file. In my husband's case he was a student, so on top of the letter, he provided school documents that showed he was a student.

 

There's other things you can do, but they are not bulletproof.  there is this Verification of Non-filing Letter that the IRS can provide her with, but it'll only prove that she didn't file, not that she didn't have to. Other than that, proof would depend on the reason she didn't have to file.

she was just unemployed

 

26 minutes ago, pantonia said:

I'm not sure about this one, depends on her reasons. For sure you need to attach a letter of explanation (title it Letter of explanation regarding form......question.....) stating why she didn't have to file. In my husband's case he was a student, so on top of the letter, he provided school documents that showed he was a student.

 

There's other things you can do, but they are not bulletproof.  there is this Verification of Non-filing Letter that the IRS can provide her with, but it'll only prove that she didn't file, not that she didn't have to. Other than that, proof would depend on the reason she didn't have to file.

 

[pantonia 39]

12 minutes ago, Tunisian_tunisia said:

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.If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it.

this is what the instructions says ;/

 

Like I said, it's gonna depend on your wife's reason not to file. I'll give you examples of what my case was, and maybe you can see what's closer to your wife's case.

 

1. If your wife didn't file for taxes because she didn't have any income or it was below the minimum required to file, she's fine with just a letter. If she just didn't have any income because, for example, she was staying at home taking care of her kids, She needs to attach a letter explaining that and saying where/how she gets the money to take care of herself and her kids.

Example situation: My husband was a student and he wasn't working, and he did receive some money, but it was a non-taxable VA benefit, so he didn't have any taxable income and didn't have to file tor a Tax Return. 

What he did: Attached a letter of explanation, school enrollment proof and proof that the benefit he received wasn't taxable.

 

 

2. If your wife did earn some kind of income, but didn't need file for tax return, she must explain why she didn't have to. USCIS assumes that if she makes money, she has to file for taxes, and it is up to her to prove otherwise.

Example situation: My original joint sponsor made above $50,000 a year. With that "high" amount of income, USCIS absolutely is convinced that he did have to file federal taxes. It was up to us to prove that half of that income was a non-taxable VA benefit, and that the other half wasn't taxable because it SS retirement benefit AND it was below a certain established threshold.

What he did: Attached a letter of explanation and mountains of paperwork showing that the income wasn't taxable.