I-864 Federal Tax Submissions

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kramerica

Registered Users (C)
Hi,

My wife, a USC, is petitioning me but she has been living in Mexico for over 8 years as a student and housewife and therefore hasn't filed any Tax Forms since she hasn't worked ever since. She is now living in the US for only two months, does she have to file any tax forms in order to complete the I-130 or does she have to attach an explanation for her lack of Federal Tax Filings?


Many thanks!
 
First of all, it's the I-864 (Affidavit of Support) where this tax stuff matters. Not I-130.

Where she was living has no bearing on whether she has to file U.S. taxes as a U.S. citizen. No matter where they live, U.S. citizens have the same tax filing requirements. The only reason that would allow her to not file U.S. taxes (no matter if she's in the U.S. or outside) is if her income is so low for those years that it doesn't reach the minimum threshold. If that's the case, the instructions for I-864 for the tax return part say to write an explanation that she was not required to file due to her low income.
 
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