Nizz0k

Yes, I meant removing her from the section on income in part 6. Sorry, should have been more clear and more thorough in reading the instructions.

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?

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

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

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.""

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