I-864 for no income wife and co-sponsor dad

[M&Ma 0]

Hello,

 

I have a question on how to fill in the I-864 for my wife (the petitioner of I-129F). She lived with me outside of the US and didn't have a job for the past 3 years. I'm confused because in part 6. item 25. (pictured) they ask for evidence that her income was below the IRS required level. How should we prove this?

 

 

For her dad we his most recent tax return. Is it okay to use only his latest total income and leave 2nd and 3rd most recent boxes empty?

[Karim2018 99]

My friend, you need to do a better job at clearly explaining your situation. If your wife is the petitioner (i.e. a US Citizen or Permanent Resident), then SHE is the one who needs to fill-out the I-864 form, and not you. (You've mentioned "...how to fill in the I-864 for my wife"). Furthermore, you mentioned being married and then I-129F! To my knowledge, if you're married, she needs to file an I-130 not I-129F. Now to your question about her low income, the real question they might ask is how did she live for 3 years w/o a job and more importantly how does she plan to support herself and YOU (the beneficiary) if she has no job. Yes, she can use her Dad as a primary sponsor, but it looks like SHE TOO will need a sponsor! As for the proof that she didn't earn enough $$ to file taxes, someone may be able to confirm this, but I think she should write a sworn affidavit stating that she lived with you overseas for the past 3 years and that she did not have a job during those years, BUT she must also provide a good explanation as to how she lived/survived w/o a job for the past 3 years. To answer your last question, if her Dad's income is significantly larger than the 125% Poverty Guidelines (possibly 2 or 3 times), then you should fill-out all his 3 years income, but I think it will suffice for him to only submit his most recent tax year, in this case 2018 fed tax returns/transcript. Again I'm sure someone (far more knowledgeable than I) may be able to confirm this or suggest a better approach for you on this forum. Good Luck!

Edited January 11, 2019 by Karim2018

[aleful 1,905]

hi

 

she has to mark that she wasn't required to file taxes, and send a letter explaining why she wasn't required to file taxes, even if she lived abroad

 

for her dad, he must list the past 3 years, but he can send only the most recent tax year with the form

 

 

 

 

[geowrian 22,335]

1 hour ago, M&Ma said:

I'm confused because in part 6. item 25. (pictured) they ask for evidence that her income was below the IRS required level. How should we prove this?

She leaves those years blank and marks the checkbox for 25 and provides a statement that she did not have any income and therefore was not required to file tax returns.

NOTE: If she did have income, even abroad, then she was required to file if above a minimum threshold.

 

1 hour ago, M&Ma said:

For her dad we his most recent tax return. Is it okay to use only his latest total income and leave 2nd and 3rd most recent boxes empty?

No. The numbers for all 3 boxes are required when taxes were filed. Only the most recent year's copy is needed, but the numbers for the other years must be listed.

 

4 minutes ago, Karim2018 said:

Furthermore, you mentioned being married and then I-129F! To my knowledge, if you're married, she needs to file an I-130 not I-129F.

Sounds like the OP came on a K-1 visa already, married, then is doing AOS. No I-130 is needed if married within 90 days on a K-1 visa.

[M&Ma 0]

@geowrian That's exactly right, thank you again for all the responses.