I-864 for retired petitioner with no tax returns

[jimcas]

My father is the Petitioner and his current status is retired with income through pension. But due to his physical condition, he wasn't able to file tax returns for year 2015 to 2018. But my brother is willing to be a joint sponsor.

With this situation, do I have to declare his income as zero (0) on my father's I-864 (even if he has pension) and add my brother as one of the household income?

Is it correct to declare his income as 0 because we don't have a proof due to lack of tax returns.

What are the necessary documents that I need to submit to NVC?

Hope anyone who experienced this can help.

Thanks!

[newacct]

My father is the Petitioner and his current status is retired with income through pension. But due to his physical condition, he wasn't able to file tax returns for year 2015 to 2018. But my brother is willing to be a joint sponsor.

With this situation, do I have to declare his income as zero (0) on my father's I-864 (even if he has pension) and add my brother as one of the household income?

Is it correct to declare his income as 0 because we don't have a proof due to lack of tax returns.

What are the necessary documents that I need to submit to NVC?

Hope anyone who experienced this can help.

Thanks!

The only way he can legally not be required to file a tax return for a given year was below the threshold for needing to file. This can be found in the relevant year's Form 1040 instructions, in the section "Do You Have To File?". Being retired, having a pension, or being disabled do not excuse him from needing to file; only having an income below the threshold does.

If he was required to file but didn't, he needs to go back and file those tax returns now before he can file I-864. Having a joint sponsor doesn't change that.

If he didn't file and he wasn't required to file (i.e. his income was below the threshold for all those years), then per the I-864 instructions, he should: 1) put "N/A" (not "0") for his "total income" from his tax return from the last 3 years (Part 6 #24a-c), 2) check the box in Part 6 #25, and 3) attach a statement stating his income for those years and that he was not required to file based on his filing status and income.