I-864 Question re: Tax returns not filed

gmcjing said:
I am an L1 visa holder applying for a GC based on my marriage to a USC. I am stumped on one issue regarding the I-864 Affidavit of Support that accompanies my I-485 petition. My spouse is "sponsoring" me and therefore must fill out the 864 and supply tax return information. However, due to the fact that I am the sole income earner, my spouse has not completed a US tax return in many years because she has not earned any income that would require her to do so.
---even if she did not earn she was supposed to file tax return. all GC holder or US citizen must file the tax.
We did file jointly in 2009, but prior to that we lived outside of the US
--------------- what was her status when she lived out of US?
and so 2009 is the only income our household can demonstrate on the I-864 form.
Question 25 under part 6 of the form states only 2 options:
Option 1:
Supply last year's tax return (which we can) and also list the 3 year's previous reported income (which we don't have since spouse did not file returns).
Option 2:
Supply 2nd and 3rd most recent tax returns (which we cannot).
If we check box #1, it implies that my spouse has actually filed returns for the last 3 years, and we cannot check box 2.
Should I
a) Check box #1, list $0 for 2nd and 3rd most recent filings and have spouse complete a written letter that she was not required to file based on her income?
or
b) Wait while spouse files returns for those 2 years so that information will be on record.
or
c) Open to your suggestions.

Thanks.
Click to expand...
Wait while spouse files returns for those 2 years so that information will be on record or talk to good lawyer.
 
Wife was born in the US, and maintained residence in US until the age of 5, and again after high school for a few years. Canada is where I met and married her. I am a Canadian citizen, she is dual. We had 2 children in Canada together and then I was transferred to the US on an L1B visa.
Since I met her, I have been the sole income earner. Since she did not earn any income, we believed she did not need to file in the US. Is there not a threshold income at which you need to file a return in the US?
 
gmcjing said:
Wife was born in the US, and maintained residence in US until the age of 5, and again after high school for a few years. Canada is where I met and married her. I am a Canadian citizen, she is dual. We had 2 children in Canada together and then I was transferred to the US on an L1B visa.
Since I met her, I have been the sole income earner. Since she did not earn any income, we believed she did not need to file in the US. Is there not a threshold income at which you need to file a return in the US?
Click to expand...
I am not Tax expert. you should talk to CPA for Tax related questions.
 
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