I864 Help

[natapplicant 0]

Hello everyone,

 

my father in law applied for her daughter to come to USA. He filled out i130 which got approved last month. He is a green card holder and doesn't work in the USA. We got emails from NVC that her case is ready and we should submit the documentation along with i864. My father in law doesn't work but I make enough to submit my tax returns etc. My questions is: what forms do we fill? i864 for my father in law and i864 from me? or i864 from my father in law and i864A from me? Also what should I write for his income since he never worked in the USA and have never filed taxes? Please help and thank you in advance.

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to Brining Family Members of Permanent Residents to America forum.

[geowrian 22,337]

If he hasn't had worldwide income for the past 3 years (or since he became a green card holder, whichever was sooner), then he wasn't required to file taxes. He would mark $0 for the income for those 3 years of taxes. He would also indicate that he has not filed taxes and that he was not required to do so because he had no income.

Note that I say worldwide income. You only noted that he has not worked in the US. Income earned outside the US while being a US resident is still income that counts towards the minimum to file taxes.

 

You would also file an I-864 (as a joint sponsor).

If you currently reside with him, you could do an I-864A, but presumably there is no benefit in doing so since has no income to join with your own.

[natapplicant 0]

Thank you very much geowrian. Yes he don't work and have $0 income. Since he had no income he never filed taxes. He is basically retired and just enjoying life. So he needs to submit a I864 with $0 in it and then I need to submit another i864 with my income information and tax transcripts? Are there any other documents that I need to submit for i864? Thanks.

[geowrian 22,337]

34 minutes ago, natapplicant said:

Thank you very much geowrian. Yes he don't work and have $0 income. Since he had no income he never filed taxes. He is basically retired and just enjoying life. So he needs to submit a I864 with $0 in it and then I need to submit another i864 with my income information and tax transcripts? Are there any other documents that I need to submit for i864? Thanks.

He submits an I-864 with $0 income for the past 3 tax years and marks that he wasn't required to file because he had no income. Whatever current income he has, he puts the same in the appropriate box as well (idk if he takes disbursements from a tax deferred retirement fund or anything).

 

You would submit an I-864 as well. You put your income as reported for the last 3 years as noted, as well as your current income in the appropriate box. You must include at least the most recent year's tax return (use the tax transcript). The other 2 years are optional.

You must also include evidence of your current income. If you're a W-2 earner, that would be paystubs and/or an employment letter. If you're self-employed, the tax returns already show your current income.

Any substantial assets being claimed on the I-864 also need documentation. Assets are optional if income is sufficient.

If you are married and file taxes jointly, an I-864A is often requested from them as well.

 

Read the I-864 and instructions until they are clear.