colin2496

Hi,

I am unemployed as is my (USC) wife and we are worried that this will effect our visa outcome. We do however have her parents co-sponsoring me and they meet the 864P criteria.

Also she has not filed a tax return for the last 2 yrs as she was living off of me and her income was £0.00. She was advised to do this by a friend in the US and now I think we need them for the interview in London

WHAT TO DO???

fatbrit

Back file them at the IRS unit at American Citizen Services at the Embassy.

Tonyuk

thats exactly my situation last year in london. wife was overstaying her visa here and i was unemployed but my parent in laws met the criteria of the 864 so it was all fine and no questions asked.

colin2496

Ok thanks guys sounds like I have an answer. Can the IRS stuff be done online at london?

Noorah101

Not sure if it can be done online, but the US Embassy in London has an IRS Dept which is very helpful. You can ask them how it's done from there.

Rene

colin2496

Thanks Rene.

Also with regard to 864P the number of people in the household does that include us when we live there or just those living there presently?

colin2496

Just to be sure my wife still has to file a tax return even though her earnings were £0.00??

snowbunny

Yes.

colin2496

Sorry Snowbunny is that yes to the tax question or the I-864p question or both?

Thanks

jeffreyhy

No, she does not.

But she does have to explain to the immigration folks why she was not required by the IRS to file a tax return. From what you've posted she seems to have a valid explanation.

Regards, JEff

jeffreyhy

Look at the I-864, the answer should quickly become clear. It goes step by step to determine household size.

Regards, JEff

Tonyuk

We just wrote a letter saying my wife was not working for last 3 years and didnt need to file tax returns, this was enough for the embassy although my wife had been working here in england.

colin2496

Jeff,

Ok it is as I thought then just the inlaws in the house hold count then?

Does my wife have to enter an I-864 as she clearly doesn't meet the requirement?

If My wife doesn't need to file returns for the 2 missing years lets change tack and say, would it be beneficial to our cause even if it is not a requirement?

colin2496

Thanks tonyuk

Tonyuk

your wife is the main sponsor even though she has no income so she fills out the i864, the inlaws will each fill out and i864a. if anyone else lives at the address they can fil out the i864a but i wouldnt bother if the inlaws cover the pov guidelines, good luck