applying for green card with no income

[Jay Suwan]

my girlfriend came in the state with f1 visa. we plan on getting marry soon and would like some advice on how to apply for a green card for her.

i never file any tax return because i was in school up until 2015 and i went abtoad for a year. i started working in the usa around july of last year. i will file them this year but the income will not past the poverty guidelines. i will be opening a restaurant soon so would i be able to use that as a proof of income?

i do have quite a lot of savings in the bank though so would i be able to use that to file instead of income/tax return?

i got bit confused since i asked a couple of people and they both say different things. first one told me that i need 3 years of past tax return to be able to sponsor my girlfriend. the other said that i dont need one as long as i have enough money in the bank. if that were the case how much money would suffice if i have no other dependant?

and if its possible to do would we be able to so while she remains in school here or does she have to go back and wait in her country?

thanks for taking your time to help.

jay

[PryncissQueen]

You usually need 3 years of past returns. If your saving is enough then use it. If the consulate doesn't accept it you will receive a request for more evidence. That means you will need a sponsor. Have the sponsor as back up just in case. So in other words... Try it your way, if it doesn't work, have a back up plan.

[newacct]

You must have filed tax returns when required (i.e. you must have followed tax law). That doesn't mean you had to have filed tax returns for the last 3 years. If you weren't required to file and did not file, that's perfectly fine. It's only if you were required to file and didn't file that's a problem.

Whether you went to school and/or went abroad are irrelevant to whether you are required to file. The only legal reason for you to be not required to file is if your income that year is lower than the threshold for being required to file for that year. The exact thresholds and conditions can be found in the respective year's Form 1040 instructions, in a section near the beginning called "Do I Have To File?". If your income was below the threshold and you did not file, then per the I-864 instructions, you would attach a statement stating so, citing the applicable income threshold to file, and indicating that your income was lower. You would check the box on the I-864 that you did not file for one or more of the years and a statement is attached. For the years you did not file, put "(did not file)" in the space that asks for the total income from the tax return.

Past or future income do not count. It's only current (i.e. this moment) income that counts.

If your current income is insufficient, and you have sufficient assets to meet the requirements, or a joint sponsor can be found who meets the requirements, then it should be fine.

You are a US citizen, right? She should stay here and not leave the US.

[Jay Suwan]

You must have filed tax returns when required (i.e. you must have followed tax law). That doesn't mean you had to have filed tax returns for the last 3 years. If you weren't required to file and did not file, that's perfectly fine. It's only if you were required to file and didn't file that's a problem.

Whether you went to school and/or went abroad are irrelevant to whether you are required to file. The only legal reason for you to be not required to file is if your income that year is lower than the threshold for being required to file for that year. The exact thresholds and conditions can be found in the respective year's Form 1040 instructions, in a section near the beginning called "Do I Have To File?". If your income was below the threshold and you did not file, then per the I-864 instructions, you would attach a statement stating so, citing the applicable income threshold to file, and indicating that your income was lower. You would check the box on the I-864 that you did not file for one or more of the years and a statement is attached. For the years you did not file, put "(did not file)" in the space that asks for the total income from the tax return.

Past or future income do not count. It's only current (i.e. this moment) income that counts.

If your current income is insufficient, and you have sufficient assets to meet the requirements, or a joint sponsor can be found who meets the requirements, then it should be fine.

You are a US citizen, right? She should stay here and not leave the US.

yes i am a us citizen. so how would i know how much is the assets requirement if i was going to use just money in my bank account?
ps. i did not file tax return since i did not have enough income both when i was in school and when i worked abroad.

[newacct]

yes i am a us citizen. so how would i know how much is the assets requirement if i was going to use just money in my bank account?
ps. i did not file tax return since i did not have enough income both when i was in school and when i worked abroad.

Since it's for the spouse of a US citizen, you need assets equaling 3 times the current income requirement.

[Jay Suwan]

Since it's for the spouse of a US citizen, you need assets equaling 3 times the current income requirement.

thank you very much