Affidavit of support

H

howareyounow

New Member
I will be marrying my fiancee, a US citizen soon. He has a taxable income but has not filed his taxes. Would that be a problem if I apply for my GC post marriage if he doesn't file? Would having a co-sponsor solve the issue?
 
What do you mean by "has not filed his taxes"? Do you mean that he was not required to file for the previous year because his income that year was lower than the threshold for needing to file? Or he was required to file but didn't file? He will need to sign an Affidavit of Support no matter what.
 
Yes. He needs to file ASAP. He will need to sign an Affidavit of Support regardless of whether there is also a joint sponsor.
 
And if I understand correctly what you are saying is irrespective of whether one has sufficient income or not the tax return has to be submitted along with the Affidavit of Support. Is that right?
 
howareyounow said:
And if I understand correctly what you are saying is irrespective of whether one has sufficient income or not the tax return has to be submitted along with the Affidavit of Support. Is that right?
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Yes. The last one year of tax return must be submitted (unless he was not required to file), and the "total income" numbers from the last 3 years of tax returns must be submitted.
 
howareyounow said:
He was required to file but hasnt file. Will this affect the case negatively? I do have someone who is willing to be co-sponsor though
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It is a requirement, the application might be denied at the AOS stage. Check for income requirement too. When I filed for my wife I had to have made a certain amount in the previous year. I think they use it to determine if you can be able to support your spouse when they get here.
 
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