Problem of income tax filing for green card process.

[PurviMehta]

Hi all,
My father in law has filed for our green card. we received a letter from NVC on 15th of Feb saying that they would be scheduling our interview and few documents that they needed should be presented by us at the time of interview. One of the documents that they needed was a letter of explaination from my father in law stating as to why he did not file the income tax from 2005 to 2017. My father in law is a retired person and doesn't fall under the category of tax payer and hence didn't pay the tax . however He paid his tax in US as he worked there when he was there in usa. And used to jointly file tax there with his wife. But when he retured to india he stopped paying tax for USA and started filing here in India and as in india joint tax filing is not allowed and accordingly he doesn't fall under the category of taxpayer. Please advice what should we do to reply the NVC as we don't want to take any risk making any mistakes.
We waited for all these months for any information from NVC.

[inadmissible]

Just to clarify, please explain why he "does not fall under the category of taxpayer"

Your response to the RFE should be a letter from your father in law explaining why he did not need to file tax returns for those years

[PurviMehta]

Just to clarify, please explain why he "does not fall under the category of taxpayer"

Your response to the RFE should be a letter from your father in law explaining why he did not need to file tax returns for those years

Thanks for the reply,
My father in law doesn't fall under the tax payer category as he has a very low income much lesser than the limit if we consider the joint tax payment rules. but if we see the individual tax payer rules he is eligible to pay tax. but since in USA he used to pay joint tax he felt that he has to continue and india doesn't support joint tax and hence he didn't pay tax for all these years as in india he is completely dependant on us.
Please advice.

[Talisman]

How he can sponsor for you if he don't have income?

Thanks for the reply,
My father in law doesn't fall under the tax payer category as he has a very low income much lesser than the limit if we consider the joint tax payment rules. but if we see the individual tax payer rules he is eligible to pay tax. but since in USA he used to pay joint tax he felt that he has to continue and india doesn't support joint tax and hence he didn't pay tax for all these years as in india he is completely dependant on us.
Please advice.

About tax, it is complicated for file or not file. Since your Father in law was not file tax return because of low income, he is unable to sponsor for you for the green card. They probably reject your case in till he find a new sponsor.

But, as my experience s, which uSCIS, tell the truth with an letter of explanation. You can attach as much as possible you father income tax return any year before he stoped filling. Also proof that he is out of country with the passport stamp.

[inadmissible]

Whether a US taxpayer is required to file a US tax return is specific to the facts of the given tax year. Neither his filing obligation in a foreign country nor his prior obligations to file tax returns have any relevance to the matter

The IRS has past year copies of Publication 917 on their website, which outlines the filing requirements in Table 1-1

For the previous tax year, 2016, someone over the age of 65 would be required to file a return if his 2016 worldwide income exceeded $11,900 (single), $14,900 (head of household), $4,050 (married filing separately), $21,950 (married filing jointly one spouse over 65), or $23,200 (married filing jointly both spouses over 65)

Likewise, the filing category is based on the facts on that tax year, and have nothing to do with his foreign or past tax filing obligations. If he is single, $11,900 is the appropriate threshold for 2016.

The filing threshold is less for past years

[newacct]

About tax, it is complicated for file or not file. Since your Father in law was not file tax return because of low income, he is unable to sponsor for you for the green card.

That's not necessarily true. Whether his income is sufficient is based on current (i.e. right now) income, which may be very different than the income on last year's tax return.