How to respond to NVC request for spouces tax transcript when having filed as MFS?

[Nizz0k 3]

My wife is a German citizen who I filed for I-130 for in Sept of 2022. Our application is currently at the NVC stage and we received a request for her 2022 IRS tax transcript or an explanation for why she wasn't required to file. I had filed for 2022 as MFS, with the understanding that my wife was a non-resident alien who was not required to file. Is my understanding correct that I was not required to include her on my 1040 and that she was not required to file? We did not see any benefit to filing jointly.

 

Will it suffice to provide a letter explaining this and is my understanding correct?

 

TIA

N

[Crazy Cat 39,267]

There is no requirement for a foreign spouse to provide tax returns.  In addition, your spouse was not required to file a tax return.   Can you post a copy of the request? 

Edited March 20 by Crazy Cat

[Nizz0k 3]

Hi,

 

we received this as an FE case note: "Please upload and submit SPOUSE's most recent Wage and Income IRS tax transcript from 2022. A transcript can be obtained on the IRS's website: https://www.irs.gov/individuals/get-transcript. If you were not required to file a tax return, please write, and scan an explanation for not filing. If you filed taxes with your spouse, please also submit all of your W-2s and or 1099s. For more information, please visit https://nvc.state.gov/fin.""

 

My main question would be if this is a sufficient response: 

"

Dear Sir or Madame,

I am writing in response to the Case FE Review note sent on 19-MAR-2024 07:59:39 EDT requesting my wife's 2022 tax transcript. 

For FY 2022 I had filed my US taxes MFS (married filing separately). It is my understanding that this was the appropriate way to file as my wife was a non-resident alien. As we did not choose to treat her as a US resident for tax purposes she remained a foreign person who was not required to file.""

[Redro 4,600]

31 minutes ago, Nizz0k said:

My wife is a German citizen who I filed for I-130 for in Sept of 2022. Our application is currently at the NVC stage and we received a request for her 2022 IRS tax transcript or an explanation for why she wasn't required to file. I had filed for 2022 as MFS, with the understanding that my wife was a non-resident alien who was not required to file. Is my understanding correct that I was not required to include her on my 1040 and that she was not required to file? We did not see any benefit to filing jointly.

 

Will it suffice to provide a letter explaining this and is my understanding correct?

 

TIA

N

Did you include her income on the I864? / is her employment going to continue when she moved to the US? 

Edited March 20 by Redro

[Nizz0k 3]

Yes, I included her European income assets on the I-864. She will find other employment after moving to the US. 

[Crazy Cat 39,267]

25 minutes ago, Nizz0k said:

I included her European income assets on the I-864.

Income and assets are different.  That was a mistake. Her current income would be relevant only if it was to continue after immigration. That is likely what triggered the note.  

Edited March 20 by Crazy Cat

[Crazy Cat 39,267]

5 hours ago, Redro said:

Did you include her income on the I864? / is her employment going to continue when she moved to the US? 

Nice job, @Redro !!!

[Redro 4,600]

34 minutes ago, Nizz0k said:

Yes, I included her European income assets on the I-864. She will find other employment after moving to the US. 

I would upload a new I864 and not include any of her information. you can submit the letter you wrote and maybe include a request for them in notes to review the new I864 instead of the old one. 

[Crazy Cat 39,267]

9 minutes ago, Redro said:

I would upload a new I864 and not include any of her information. you can submit the letter you wrote and maybe include a request for them in notes to review the new I864 instead of the old one. 

Agree 1000%.  The current I-864 is not accurate. 

[Nizz0k 3]

Never mind, I understand the mistake now. Thanks for pointing it out!

Edited March 20 by Nizz0k
clarified misunderstanding

[Crazy Cat 39,267]

26 minutes ago, Nizz0k said:

Can you please clarify a little further? Admittedly I didn't read over the form instructions in great detail, but the form asks for current income, which I provided a USD equivalent of. My wife did have non-US based income and it didn't seem right not to include it...

Your spouse's previous income would not be relevant to your being able to support her after immigrating. Immigration officials are concerned with what your income will be over the next 12 months. Becoming an "A" student of this whole process and forms makes it much smoother.  The immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  Failing in any one area can cause delays or worse. 

Edited March 20 by Crazy Cat

[Crazy Cat 39,267]

***Hijack comment and replies split to new topic***

[SalishSea 16,775]

8 hours ago, Nizz0k said:

Yes, I included her European income assets on the I-864. She will find other employment after moving to the US. 

You can't count income that will not continue once the immigrant moves.  

[Nizz0k 3]

On 3/20/2024 at 7:02 PM, Redro said:

I would upload a new I864 and not include any of her information. you can submit the letter you wrote and maybe include a request for them in notes to review the new I864 instead of the old one. 

Any further information on amending the I-864? In my case the previous one was submitted in 2023, the amended form will be signed in 2024. Must I update all my tax information, or will it suffice to make a note that the form only differs in terms of removing my wife as a household member and the signature date?

[Crazy Cat 39,267]

10 minutes ago, Nizz0k said:

removing my wife as a household member and the signature date?

You would NOT remove your wife as a household member. You would remove her income and any documents pertaining to her income.   I would upload a complete new package.

 

Note:  Do not count her more than once in the entire household size calculations.   Part 5, #3 should be "0".

Edited March 22 by Crazy Cat