Taxes and citizenship

Jackolantern said:
Correct. But the IO may demand evidence of the income being so low, like W-2 forms. It may be impossible to obtain that proof now, but if your husband knows for sure the income was less than the threshold, he can firmly state that fact (and hope the IO doesn't ask for proof).

Note that $17000 is just an approximate figure; it is closer to $18000 for 2008 and was probably less than $17000 in 2005 and before. So if your husband is going to assert that he was not required to file, he should know the exact income amounts and know the exact thresholds for each year.
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The question arises: how can he prove now that he really didn't work 3 years ago? Cause so many people work for cash...
 
malyshka said:
The question arises: how can he prove now that he really didn't work 3 years ago? Cause so many people work for cash...
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It's almost impossible for anybody to "prove" they didn't work. If they want proof of something, what they'll ask for is how he was financially supported when he wasn't working, because very long periods of unemployment make them suspicious that the person was working for cash without paying taxes, or gaining income from illegal activities like drug dealing. So if he claims his ex-wife was supporting him, they'll probably want to see evidence of the ex-wife's income, like W-2 and/or tax returns. However, assuming that you are a US citizen and he is applying under the 3-year rule, the primary focus will be the last 3 years, so maybe they won't harass him about proving financial support when he was with the ex-wife, although they would still be concerned about unfiled tax returns.
 
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