Letter of explanation for no tax returns for I-864 from my wife.

[Kooo 0]

Hello,

 

I'm currently in USA with an F-1 Visa and I'm on my OPT working full time. I'm filing for 24 month extension soon because we won't get my green card before my OPT would expire.

 

Anyways, my wife is a senior in college and has no substantial income for 2014, 2015, or 2016. She made about $2,500 in 2014 working part time and $0 in 2015. When writing a letter explaining the lack of tax returns for her, how should we mention the fact that she made a little bit of money in 2014 but isn't planning on supporting me with her income? Usually these letters are simple, you just explain that "Kooo's wife doesn't have tax returns because she had no income for 2014, and 2015." However, finding her tax return for 2014 might take us a couple days and offer us not benefit. How can we convey to USCIS our situation correctly?

 

I currently make about $46K a year. However, in 2016 I only made $11K because I started my work in late August. In 2015 I made about $1,500 and in 2014 I made about $2,000. I also have about $60K in savings account and mutual funds back in Finland. We figured it would be better to have my wife's parents being joint sponsors for me than me showing the ability to support us because I don't have my tax return for 2016 and because they make a lot more than I do.

 

Both of her parents are joint sponsors for me and her parents both have filled an I-864 and given us their tax returns for 2013, 2014, and 2015. They make over $300K in combined income.

 

Let me summarize my questions again:

1. What should my wife's letter of explanation of no tax returns look like since she had little income in 2014?

2. Should I include my tax returns for 2014 and 2015 even thought I made less than $2000 both years?

3. Should I include proof of my 60K assets even though my wife's parents have very substantial income and joint sponsors for me?

4. Should I include proof of my current income even though my wife's parents are joint sponsors and the proof I have for this are my pay stubs?

 

I really appreciate any advice. I've been putting off filing this paper work for almost month and a half because it's pretty intimidating and these questions. Thanks!

 

[f f 725]

1 a simple letter stating she did not make enough to be required to file taxes is fine.

2 unless you are trying to sponsor your self it may not matter, though showing you make good money and have money in the bank won't hurt you. just label it in such a way not to confuse them. also how recently were you married since married filing jointly can lower your combined tax bill quite a bit.

3 if you feel like it. it won't hurt you.

4 you can it won't hurt you but again make sure to clearly label everything.

 

good luck

[patriot10 11]

Wife can add a simple 'to whomsoever it may concern'' explaining that she did not file returns as her income was below the thesholds as per IRS that would require her to file returns.

The interviewing officer is more interested in the most recent return so previous returns from 2014 or 2015 will offer you no benefit.

 

You are the petitioning sponsor but if your income is not enough as you mention, then your I-864 just makes you liable for the immigrant but not monetarily. This is where the joint sponsor comes in. Your assets maybe added but since they are not 5 times required amount, it is not enough.

 

This is where the joint sponsor comes in. The i864 must be accompanied by the tax transcipt of the sponsor. (returns are 

allowed but then one has to include all w2s, 1099s etc) hence tax transcripts are best as they are simple and i get the feeling, they are preferred as they are simple to read and judge.

 

One word of caution.

If your joint sponsor files married filing jointly , he/she will add the transcript of their MFS return. BUT, only spouse is sponsoring and the other cannot be considered party to this sponsorship without an explicit declaration from that spouse that they are OK by this etc.

 

I had to face above issue so know that this may or may not be a situation that others might have to face.

 

Best rgds,