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Foreign Tax Returns for I-864

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  • Foreign Tax Returns for I-864

    Hi!

    I am currently in the process of applying for a green card. My husband (of 6 years) is a US Citizen and I am Swedish.
    He has filed the I-130 for me and I have filed the I-485.
    In attachment to the I-485 we also submitted a required I-864 (affidavit of financial sponsorship) on my husbands part. Since he has lived and worked in Sweden for the past 6 years he has not filed for taxes in the US. He has not made enough to be required to do so (due to foreign income exclusion).
    So we ticked the box that says "I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this". Along with his I-864 we sent proof of his Foreign Earned Income and attached a signed and dated explanation that says he made below the amount required to file for taxes as a US Citizen residing abroad.

    However we received a RFE asking for him to submit his tax returns.

    Has anyone had this problem? Do we need to file a late return for the past three years?

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