I-864, Affidavit of Support and Taxes, HELP!!!

[GoDogs]

Hello All:

US Citizen married Out of Status Immigrant. Filing I-130 and I-485 w/ I-864, Affidavit of Support Under Section 213A of the Act.

My question is about # 25: Federal income tax return information.

1) USC spouse has not filed an individual federal tax return for the last three years. Only has 1 year. Now the question states: I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year. How do we respond to this question since USC spouse has only 1 tax return, the most recent? Will this be a problem? [USC spouse was a dependent of parents until last yr; income too low -> do we just write a letter of explanation after checking the box?

2) Immigrant spouse is planning on having a joint sponsor since USC spouse will not have the required income of 125% above poverty line.

Looking forward to your comments.

[whitemimauz3]

I-130/864 is filed by petitioner (US citizen) whereas I-485 is for beneficiary, send petitioner's previous 3 years income tax returns along with w2's and 1099's (if any), make sure you follow poverty guidelines (I-864P), check whether petitioner meets income requirements, otherwise joint sponsor (one more I-864)

[ml_boston]

Originally Posted by GoDogs

Hello All:

US Citizen married Out of Status Immigrant. Filing I-130 and I-485 w/ I-864, Affidavit of Support Under Section 213A of the Act.

My question is about # 25: Federal income tax return information.

1) USC spouse has not filed an individual federal tax return for the last three years. Only has 1 year. Now the question states: I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year. How do we respond to this question since USC spouse has only 1 tax return, the most recent? Will this be a problem? [USC spouse was a dependent of parents until last yr; income too low -> do we just write a letter of explanation after checking the box?

2) Immigrant spouse is planning on having a joint sponsor since USC spouse will not have the required income of 125% above poverty line.



Looking forward to your comments.

If your joint sponsor has enough income to meet the 125% requirements, then any income you show on your I-864 is irrelevant. The key thing is not to commit fraud by lying, so I'd suggest not checking the box and attaching a letter explaining the dependent situation.

-ML

K1 -> I-485 -> I-751 -> N-400

Filing I-130/I-485 for parent...