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Filing I-864 for a spouse with no income (already have a joint sponsor)

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  • Filing I-864 for a spouse with no income (already have a joint sponsor)

    Hello,
    I sent my AOS packet along with a I-864 from a joint sponsor on Dec 31st. I married a US citizen who has no income and no assets so we found a sponsor who meets the requirements. I received a letter from USCIS asking for an I-864 for my husband (who does not qualify as a sponsor).
    My question is, how do I file this I-864? Do I need some kind of proof that he has no income?
    We recently got married so have not yet filed taxes together, which means my income will not appear on the I-864 I file for him, is that correct?
    And what kind of supporting evidence do I need to show that he has no income and therefore did not need to file taxes.
    Thanks!
    Last edited by Pauli9; 02-01-2014, 12:31 AM.

  • #2
    Even though your husband has no income, he is still the primary sponsor. For his income and tax return amounts, put "-0-." Attach a signed attachment from him explaining why he has no income.

    On the other hand, if he does have income that is not taxable (SSI, VA disability benefits, etc.), your attachment should say this, but include a copy of an IRS citation explaining why his income is not taxable and that he has no requirement to file an income tax return for that type of income.

    --Ray B

    Originally posted by Pauli9 View Post
    Hello,
    I sent my AOS packet along with a I-864 from a joint sponsor on Dec 31st. I married a US citizen who has no income and no assets so we found a sponsor who meets the requirements. I received a letter from USCIS asking for an I-864 for my husband (who does not qualify as a sponsor).
    My question is, how do I file this I-864? Do I need some kind of proof that he has no income?
    We recently got married so have not yet filed taxes together, which means my income will not appear on the I-864 I file for him, is that correct?
    And what kind of supporting evidence do I need to show that he has no income and therefore did not need to file taxes.
    Thanks!

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