Question about I-864

[twentyone_21]

Situation

My wife is a US citizen and we are at the stage of uploading our I-864, Affidavit of Support.

• We are using a joint sponsor, but obviously my wife still has to upload an I-864 of her own, even though her income does not qualify.
• She has filed her tax returns for the two most recent years, 2019 and 2018

In 2017 though - she was a full-time student, made no income and therefore was not required to file a return.

• We will upload a signed statement explaining this, along with a copy of her most recent tax return (2019).

Question

On the I-864 for Q23a:
Have you filed a Federal income tax return for each of the three most recent years?

---> Does she check NO just because we're missing the third one?

And then Q24c:
3rd Most Recent

----> Does she write N/A and None under income?

Finally, does she check Q25:
I was not required to file a Federal income tax return as my income was below the IRS required level

----> Or is that only if you weren't required to file for the MOST RECENT tax year and therefore have no tax transcript/return to upload.

Thank you for your help

[R78]

The answers are clearly stated in the instructions for this form.

Q23a:
Have you filed a Federal income tax return for each of the three most recent years?
NO

Q24c:
N/A (since you were not required to file)

Q25:
YES - I was not required to file a Federal income tax return as my income was below the IRS required level

You must also in include a typed response for 2017 that states she was a student, did not have any income (or whatever income she had that was before the IRS rules and therefore was not required to file).

Tip: You can obtain transcripts from the IRS for free by creating an online account. Use those for upload.