How do I show evidence that I was not required to file a federal income tax return?

  1. Home
  2. Knowledge Base
  3. Affidavit of Support (Form I-864)
  4. How do I show evidence that I was not required to file a federal income tax return?

When preparing Form I-864, Affidavit of Support, the sponsor must disclose total income as reported on his/her federal income tax returns for the most recent three years. The sponsor is also required to attach a copy of (at least) the most recent year’s federal income tax return. But what if your income was below the IRS required level, and you were not required to file a federal income tax return?

Not Required to File a federal Income Tax Return

Not everyone is required to file a federal income tax return each year. Generally, if your total income for the year doesn’t exceed the standard deduction plus one exemption and you aren’t a dependent to another taxpayer, then you don’t need to file a federal tax return. The amount of income that you can earn before you are required to file a tax return also depends on the type of income, your age and your filing status.

Did you know minor mistakes on your Form I-864 Affidavit of Support can cause costly delays and rejections? Prepare your I-864 quickly and correctly with CitizenPath. The attorney-reviewed software guides you through the affidavit and provides help to answer questions like this one. And personalized filing instructions help you to submit the affidavit today knowing that you did everything right! No credit card or signup required to try it. Get started now >>

Sample Declaration

In these cases, you’ll need to attach evidence that your income was below the threshold to file an IRS federal income tax return. If your situation is straightforward, evidence can be as simple as submitting a personal declaration that you were not required to file a tax return. Here’s a sample declaration which you can adapt for your own use.

Additionally, you may want to include other forms of evidence such as W-2s or 1099s that evidence your income level was below the IRS required level to file a tax return.

Use of a Joint Sponsor

Keep in mind, if you were not required to file a federal income tax return, it’s also likely that your income is not sufficient to support the intending immigrant. Your affidavit will most likely require the additional income from other household members or a joint sponsor.

Source: USCIS