I-864, Sponsor does not have income, no Joint return is filed ever...

L

little elf

Registered Users (C)
Hi, after two weeks back and forth struggle and tremendous help from this site, I am almost ok to send my I-485,I-130 etc package out...

I do have One more question, on the I-864, part 4.


My USC husband is a graduate student, never works, never file tax return. We married in this September, so no jointed tax returned ever filed, even we have lived together for more than 3 years. I guess my income is qualify to be use to file I-864A and my income is over 125% line.

However, in the part 4 , my husband needs to pick one of the box from
a) I filed a single/ separate tax return for the most recent year
b) I filed a joint return for the most recent year including only me
c) I filed a joint return for the most recent year including me and spouse
(1)I am submitting documents of my individual income
(2)i am qualifying using my spouse income;my spouse is submitting I-864A

I think my case should (2), but (2) is under (C). We never file joint return , so we cannot use (C), how should I choose here? :confused: :confused: :confused:

It is not easy question for me, I hope some one can help whether you have the same experience or not. :)

Thank you very much.
 
Personally, I would not tick any of them as none of them apply to your situation. But I would fill out the part that asks for sponsor and spouse's combined income. On a seperate sheet of paper, I'd explain why your sponsor has no tax returns (he was in college) and supply evidence to support that, if you can.
You will need to fill out a I-864A and call the IRS and request tax transcripts for any taxes you have filed within the last 3 years.
Another thing (and I haven't heard of this before, but it was something we were asked to do) is also request tax transcripts for your sponsor. I know he hasn't filed, but request them anyway. They will basically say he had no taxable income.

HG
 
Are tax transcripts a required documents OR can I just send in copy of my tax return?

HG, thanks for your replying. I feel same way that i should not check any box.

Do I have to request the tax transcripts for myself OR can I just send in copy of my tax return? I read on this site that the transcripts never come even applicants required to IRS for it.
 
little elf said:
HG, thanks for your replying. I feel same way that i should not check any box.

Do I have to request the tax transcripts for myself OR can I just send in copy of my tax return? I read on this site that the transcripts never come even applicants required to IRS for it.
Click to expand...

I'm pretty sure they won't accept copies.
Call the IRS and request free tax transcripts for both you and your sponsor (even though he didn't file).
We received ours within 10 days.

Good luck. :)

HG
 
little elf said:
HG, thanks for your replying. I feel same way that i should not check any box.

Do I have to request the tax transcripts for myself OR can I just send in copy of my tax return? I read on this site that the transcripts never come even applicants required to IRS for it.
Click to expand...

Copies of previous federal tax return are fine and are accepted. Even better if you have IRS transcripts.

As for the choice on your form, the indentation of the last bullet doesnt really make sense. Tick whats applicable to you. In my case, my wife could show income above minimum req only for 2004, but other years she was below the line. So i used my income, filled I-864-A and she selected the first and the last bullet.
I filed a single/separate tax return for the most recent tax year.
I am qualifying using my spouse's income; my spouse is submitting a Form I-864A.
 
ari4u said:
Copies of previous federal tax return are fine and are accepted. Even better if you have IRS transcripts.

As for the choice on your form, the indentation of the last bullet doesnt really make sense. Tick whats applicable to you. In my case, my wife could show income above minimum req only for 2004, but other years she was below the line. So i used my income, filled I-864-A and she selected the first and the last bullet.
I filed a single/separate tax return for the most recent tax year.
I am qualifying using my spouse's income; my spouse is submitting a Form I-864A.
Click to expand...

it is really a good news that I can use my own copies. :p I ordered from IRS today, but it takes 10 days to come. If it come earlier, I just put in my package, if not, I just keep with me.

I guess I will put a big letter to explain why my husband does not have any tax return
 
little elf said:
it is really a good news that I can use my own copies. :p I ordered from IRS today, but it takes 10 days to come. If it come earlier, I just put in my package, if not, I just keep with me.

I guess I will put a big letter to explain why my husband does not have any tax return
Click to expand...

You could use the IRS transcripts if asked during the interview...

Good Luck!
 
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