I-864 - Petitioner never did her taxes

[Aquila Piacentini 1]

Hello community! 

 

I just got a letter from the USCIS requesting the petitioner for my case (my wife) to fill out the I-864 form and send it to them with the required evidences. The thing is that, she never did her taxes - on the last 4 years, she did not really work as she was doing some exchange programs abroad. She works now but the money she makes now is not enough to cover the sponsorship. So we used her mom as a joint sponsor. When I sent my paperwork, I just sent an I-864 with my mother-in-law information and taxes returns. 

 

Do you know how I should respond to this once my wife has never done her taxes? Also, do you think I should submit a second copy of my mother-in-law information?

 

thank you very much!!

[geowrian 22,335]

The petitioner must always provide an I-864 for AOS as they are the primary sponsor, even if they don't meet the minimum requirements themselves.

 

USCs and LPRs are taxed on their worldwide income. If she had no income (or is under the minimum IRS thresholds), then she can provide a signed letter stating why she was not required to file.

If she was required to file, she must resolve that issue first by filing her taxes.

[p-ana 933]

Your wife will be your main sponsor no matter what so you should’ve sent her i864 anyway. 

 

The form itself will have a box to tick if the sponsor did not meet the income requirements and will have them send out proof they were not required to file taxes (show w2 with below the threshold amount, write down a statement, whatever will fit best with your situation)

 

So now to be on the safe side, I’d send your wifes i864 with supporting docs and your MIL i864 with supporting docs. It’s not clear if the MIL files jointly, but if so, info on the husband might be needed as well 

[Aquila Piacentini 1]

thank you for the answers. She never mentioned any letter. I will check with her and hope that she has it. Like @geowrian said... she never had any income while out of the country. She did worked for a while when she was home for a little between these 4 years... but i dont think she ever filled any taxes.... 

[geowrian 22,335]

5 minutes ago, Aquila Piacentini said:

thank you for the answers. She never mentioned any letter. I will check with her and hope that she has it. Like @geowrian said... she never had any income while out of the country. She did worked for a while when she was home for a little between these 4 years... but i dont think she ever filled any taxes.... 

She needs to find out how much she earned exactly...if it is over the minimum thresholds, then she needs to file for those year(s). Otherwise, a signed letter (with a copy of her W-2, as noted above) can be provided.

https://www.irs.gov/publications/p501#idm140076646135408

 

Check the I-864 and instructions for specifics. The box she needs to check, if appropriate, is:

"I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this"

[Aquila Piacentini 1]

thanks @geowrian. I spoke to her and we clarified it all... She did her taxes for 2016 and for 2017 she has a letter from IRS stating that she wasn't required. So we should be good.