Filing form I-864

[LauraMcK 0]

Hi there I hope someone can help me out...

 

My husband is a US citizen however he moved back to the UK as a baby with his parents and grew up in the UK. He only attained his U.S passport in January 2016 and his social security number in December 2016. He has never filed taxes in the US. In May 2017 he left the UK to start a career in the U.S Air Force and I began the paper work for my visa. Since joining the U.S Air Force he has begun paying taxes and is earning enough to provide for both of us, however as it has only been a few months he has not had to file a tax return yet. Any jobs he had in the UK before leaving he never earned enough to pay taxes in the UK. He has written up a letter explaining his situation and why he has never filed tax returns. As his entire family moved back to the UK when he was a baby, we have no one in the states to act as a joint sponsor, however his income is enough and we know what his annual income will be for the year. He can prove he is currently paying taxes and is earning above the poverty rate to support me. Do you think this is enough for them to accept the affidavit of support and allow me to gain my visa? I am being processed through the visa unit in London and have my interview in which I have to present the form and evidence next week and I am very anxious, however due to our situation I don't see what else we can do.

 

Many thanks!

 

[NikLR 13,234]

Have his 3-6months of LES as proof of his current ongoing income.  As an active military he only needs to meet 100% of the guidelines.  Be sure he didn't meet the threshold to file previously in the USA.  A USC must file taxes with the IRS if they meet the threshold to do so regardless of where they live in the world and/or if they meet the requirements of the country they're living in.

[LauraMcK 0]

5 hours ago, NikLR said:

Have his 3-6months of LES as proof of his current ongoing income.  As an active military he only needs to meet 100% of the guidelines.  Be sure he didn't meet the threshold to file previously in the USA.  A USC must file taxes with the IRS if they meet the threshold to do so regardless of where they live in the world and/or if they meet the requirements of the country they're living in.

Thank you! yes he his sending me all of his pay cheques that he has received since he started working in may. I am sure he did not meet the threshold to file previously as he only had temporary part time jobs here after college, until he left for the military he only had casual work as a pizza delivery driver and which paid below min wage level but he was never given any pay cheques for it because it was so casual so I have no proof of this. :/

However he was never issued a ssn at birth in the US and never needed one growing in up in the UK, he only sent off for his ssn and received it last September. As far as i understand you need an ssn to work and pay tax in the US and if he didn't have one until a year ago he couldn't have filed tax returns with the IRS anyway. I have proof of when he got his ssn and we have explained this in a statement of explanation as to why he hasn't paid tax before now and also stated that we can show he is currently paying his tax and fully intends to file a tax return for the current year when the time comes. 

Im hoping this is enough for them to give me my visa! my medical has been cleared and everything else is in order and he is defiantly earning enough to support us both, I am just very anxious! 

[pushbrk 13,837]

You only need the latest pay stub.  In the section that asks for numbers from past tax returns, simply hand write/print "Not required to file.  Income below filing threshold."  No other explanation is needed.  He'll sign the I-864 under penalty of perjury.  He's already explained his residence history when filing the I-130.

[LauraMcK 0]

1 minute ago, pushbrk said:

You only need the latest pay stub.  In the section that asks for numbers from past tax returns, simply hand write/print "Not required to file.  Income below filing threshold."  No other explanation is needed.  He'll sign the I-864 under penalty of perjury.  He's already explained his residence history when filing the I-130.

Thank you! this is a great help!