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  #1  
Old 28th March 2007, 08:19 PM
shinkansen shinkansen is offline
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Wife has no income and didn't file taxes?

My wife/sponsor (USC) has been a student and never filed taxes... is this a problem for us? I've got W2's from the past 4-5 years.
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  #2  
Old 28th March 2007, 08:22 PM
kkboy kkboy is offline
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yes..problem...

she needs to provide a letter as to why she didn't file taxes..was she exempt from filing?
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  #3  
Old 28th March 2007, 08:35 PM
shinkansen shinkansen is offline
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I think she never filed because she thought she didn't have to as she wasn't working...
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  #4  
Old 28th March 2007, 08:37 PM
shinkansen shinkansen is offline
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Also, I've worked, she hasn't. I'm still working, she is still a student. It'll be my income on the Affidavit forms as we live together and I'll be proving my W2's...
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  #5  
Old 28th March 2007, 08:47 PM
kkboy kkboy is offline
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hm...I think you might need some other sponsor..

(co-sponsor). Did you not file taxes jointly...at least when you filed urs ???

http://www.bankrate.com/brm/itax/new...le-return1.asp

Last edited by kkboy; 28th March 2007 at 08:53 PM.
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  #6  
Old 28th March 2007, 08:59 PM
shinkansen shinkansen is offline
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No, we didn't file joint as we only JUST got married 2 weeks ago.
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  #7  
Old 28th March 2007, 09:00 PM
shinkansen shinkansen is offline
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ahh... she's ok:

"For 2006 tax returns, individuals younger than age 65 must file if they make at least $8,450 as single filers."

She earned $0 so didn't have to file...
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  #8  
Old 28th March 2007, 09:05 PM
kkboy kkboy is offline
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congrats...for ur wedding !!

and yes, she 's ok as she had no income. But I wonder if she needs a letter or proof from the IRS about that, if asked at the interview... or you might even get an RFE for I864 after submission. I tried searching online but could not find any form/letter for such cases.
good luck with your filing...

PS: I am sure, you are planning to file jointly for year 2006....but just a reminder.
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  #9  
Old 28th March 2007, 09:18 PM
NeShawn NeShawn is offline
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Quote:
Originally Posted by kkboy View Post
and yes, she 's ok as she had no income. But I wonder if she needs a letter or proof from the IRS about that, if asked at the interview... or you might even get an RFE for I864 after submission. I tried searching online but could not find any form/letter for such cases.
good luck with your filing...

PS: I am sure, you are planning to file jointly for year 2006....but just a reminder.

The IRS doesn't provide the letter.
She simply needs to prepare a self written/typed letter ( a written affidavit dated and signed- It doesn't have to be notarized) stating that she has not filed for taxes do to the fact that she was not employed and that she was a student. We had to get a sponsor because my wife USC did not work and we got an RFE. My wife simply submitted a typed letter explaining that she did not file taxes because she was not working. That is all your wife nee
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  #10  
Old 28th March 2007, 09:31 PM
Wickked Wickked is offline
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Definitely gonna need a sponsor. I don't understand tho how you have w2s and your the one who is getting a GC... But yea you will need a sponsor and fill out the I-864.
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  #11  
Old 28th March 2007, 09:44 PM
kkboy kkboy is offline
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well...

Quote:
Originally Posted by Wickked View Post
Definitely gonna need a sponsor. I don't understand tho how you have w2s and your the one who is getting a GC... But yea you will need a sponsor and fill out the I-864.
...he works and married a US citizen who doesn't yet work :-) .
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  #12  
Old 28th March 2007, 09:50 PM
shinkansen shinkansen is offline
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Yeah Wicked... Im here already on H1B, and I live with my USC so my income can be considered as part of the "household" income for the Affidavit of Support form. I'm easily >125% of the poverty level as shown in the povery level guidelines... so no prob. Thanks for all the replies. Will get my wife to write a letter.
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  #13  
Old 28th March 2007, 11:06 PM
dr_lha dr_lha is offline
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Quote:
Originally Posted by Wickked View Post
Definitely gonna need a sponsor. I don't understand tho how you have w2s and your the one who is getting a GC... But yea you will need a sponsor and fill out the I-864.
Just to comment on this, no he doesn't need a co-sponsor. He's been working on a H-1B and living with his wife supporting her, therefore his income can be used on the I-864. This is commonly referred to as "self-sponsoring" even though officially the sponsor is his wife.

There's no problem doing this, I was in the exact same situation (wife a student, no income, I worked on an H-1B in the USA for 7 years). I got no RFEs and no questions about income at interview, and I didn't even provide anything more than the bare minimum asked for on the affidavit (2005 tax return + W2).
__________________
UK citizen, married to USC, here originally on H-1B.
DO: Philadelphia

I-485/I-130/I-765 concurrently filed
06/22/06 Fedexed package to Chicago lockbox
06/27/06 ND receipt date for all forms
07/25/06 Biometrics taken
08/11/06 Interview Letter sent
09/06/06 EAD approval email
10/11/06 Interview - Approved!
12/06/06 Ten year green card arrives in mail!

NOTE: I AM NOT A LAWYER. Please don't PM me questions that are better asked on the forum.
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  #14  
Old 20th April 2007, 09:17 PM
dremz dremz is offline
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Writing a No Income letter!

Hey NeShawn, I have a question about joint sponsor form I-864A, does the joint sponsor have to Notarise the I-864A form before mailing it? Can you please post a sample affidavit of the No income letter? Thanks in advance!



Quote:
Originally Posted by NeShawn View Post
The IRS doesn't provide the letter.
She simply needs to prepare a self written/typed letter ( a written affidavit dated and signed- It doesn't have to be notarized) stating that she has not filed for taxes do to the fact that she was not employed and that she was a student. We had to get a sponsor because my wife USC did not work and we got an RFE. My wife simply submitted a typed letter explaining that she did not file taxes because she was not working. That is all your wife nee
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  #15  
Old 20th April 2007, 10:09 PM
NeShawn NeShawn is offline
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I simply wrote:

I, __________ , was not required to file income taxes to the fact that I have not been employed in the year 2006.

I dated it, signed it, stated my name, address.

Also you said I-864 A , do you mean I-864 for whomever is sponsoring you?
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  #16  
Old 20th April 2007, 11:17 PM
Anahit Anahit is offline
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Quote:
Originally Posted by NeShawn View Post
I simply wrote:

I, __________ , was not required to file income taxes to the fact that I have not been employed in the year 2006.

I dated it, signed it, stated my name, address.
If I recall correctly, whether the petitioner has filed income taxes or not, he/she has to fill out I-864, which will show his/her income for the last 3 recent years. So, there is no need for that letter.
In this case, the wife will fill out I-864 with zero income, and the husband - I-864A.
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  #17  
Old 21st April 2007, 01:25 AM
iliYana iliYana is offline
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Hi, I also have a question. My husband had filed federal taxes for 2006, but not for 2005 and 2004. We have a joint sponsor, but he still needs to submit I-864. (I received RFE )

On the I-864 form, question #25 has a check box and a statement "I have filed a Federal tax return for each of the three most recent tax years..."
Then there is space for entering the annual income for the last three years.

Should I leave that check box unmarked and then hand-wright "Please see attached letter"?

And also - my husband does not remember his exact income for 2005 or 2004. He can request his W-2s from IRS for these years, but this might take up to 45 days (I called IRS to ask). Do you think it is acceptable to write "less than $8200" for 2005 and "less than $7950" for 2004? (These are the cut off numbers for these years)
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  #18  
Old 21st April 2007, 09:17 PM
dremz dremz is offline
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Thanks

Hi NeShawn,Thanks for taking the time to reply back. I appreciate it. I meant I-864 not I-864A...that was a typo!
Thanks again!

Quote:
Originally Posted by NeShawn View Post
I simply wrote:

I, __________ , was not required to file income taxes to the fact that I have not been employed in the year 2006.

I dated it, signed it, stated my name, address.

Also you said I-864 A , do you mean I-864 for whomever is sponsoring you?
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