Complicated tax return and affidavit - any experience with this?

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whatamIthinking

Registered Users (C)
Quick summary...

I am H1B married to US spouse (born in US).
Got married just over 1 year ago. We are about to complete forms for green card sponsorship via my spouse.
Main hurdle is that I am main wage-earner (have w-2 etc for past 2 years - all straightforward), but spouse is self-employed, and hasn't filed for many years.
Now we are trying to back-file tax returns, but it's taking ages!! Has been months already with no word!! Apparently it's complex, and IRS is pretty slow figuring out what to do, and if "offer in compromise" is needed.
My question is, can I use my income & income tax returns for affidavit since we've been in the same household for nearly a year and a half? Can I even use a joint sponsor (relative)? It's frustrating that this one thing is holding up the sponsorship process!
 
whatamIthinking said:
Quick summary...

I am H1B married to US spouse (born in US).
Got married just over 1 year ago. We are about to complete forms for green card sponsorship via my spouse.
Main hurdle is that I am main wage-earner (have w-2 etc for past 2 years - all straightforward), but spouse is self-employed, and hasn't filed for many years.
Now we are trying to back-file tax returns, but it's taking ages!! Has been months already with no word!! Apparently it's complex, and IRS is pretty slow figuring out what to do, and if "offer in compromise" is needed.
My question is, can I use my income & income tax returns for affidavit since we've been in the same household for nearly a year and a half? Can I even use a joint sponsor (relative)? It's frustrating that this one thing is holding up the sponsorship process!
Click to expand...



Here is some information i found online but cant vouch for its correctness
http://www.immigration.com/I-864/affidavit.html
Q: How can a sponsor who was obligated to file tax returns, but failed to do so, qualify as a sponsor?
A: A sponsor may file a late or amended tax return to IRS. He or she can then submit copies of the late or amended return(s) for the year(s) in which he or she was obligated to file. Until such time as the late or amended return has been filed, the I-864 will be considered incomplete.


also
http://uscis.gov/text/publicaffairs/factsheets/affaqa.htm
16. What if income tax returns have not been filed for each of the most recent 3 tax years?
A sponsor must include as many of the income tax returns for the most recent 3 tax years with the affidavit of support as he or she was required by law to file. If the sponsor filed fewer tax returns than were required, he or she should contact the Internal Revenue Service to determine how to file retroactively. If fewer than three returns were required for reasons such as less than 3 years' residency in the United States or lack of sufficient income, the sponsor should explain the reasons on the affidavit of support.

also...
http://www.americanlaw.com/affidavitrule2.html

You could talk to a lawyer and get an opinion or call up someone at USCIS explaining this situation and see what they have to tell on this.
 
I am pretty sure that it's not that complicated, My application is still pending but here is what I have experienced so far.

My husband filed a petition for me in july of 2002, He is a stay at home dad so I am the only wage earner.We were interviewed in 2003, at the interview we had only one jointly filed income tax return, and it only showed a partial year's earnings for 2002 ( July-Dec), so I added a joint sponsor, which was accepted at the time of the Interview, your husband still have to complete affidavit of support even though you have a joint sponsor, after our interview my approval was pending name check results.

Recently ( end of May),I recieved an RFE asking for IRS computer printout for the three most recent tax years, the officer also called (another thing to do with recieving renewed prints) and I was able to ask why I needed to send this evidence again, she said " affidavit of support does not expire if filed within the year they are notarized but the evidence submitted must be current at the time Greencard is issued, also they will determine whether or not you need a co- sponsor.

I hand delivered the required transcript the next day,, (IRS will fax), two days later I recieved an envelope in the mail from Ins with all the information I originally submitted for my joint sponsor with a sticky attached that said "not required".

My husband is a stay at home father so I am the only wage earner for the last three years even though we filed jointly, according to the affividavit of support instructions, your income can be considered if you have been living together in the same household for more that six months.

This is just my own personal experience. Other people may have a different one to offer.
I hope this helps, please call INS 800 number and ask for immigration officer and ask these specific questions.

Best.
 
Thanks for your advice

I appreciate you guys taking the time to reply. I feel a bit better about the whole thing.
Our situation is slightly different to Thecla's, in that we didn't file a joint return. We were advised not to by the tax attorney, since my spouse needed to back file for so many years. Apparently, filing jointly would have put a large portion of my earnings at risk of being claimed by the IRS.
I am pleased to hear that I can use my income on the affidavit, though, since I've been married over a year.
Well, we're going to meet with an attorney in the next couple of weeks.
I'll let you know what happens....
 
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