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affidavit of support question

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  • affidavit of support question

    I'm currently filling for AOS (i-485) and my husband (US citizen) petitioned me as a spouse, we're doing all paperwork and since he didnt have enough money last year, for our affidavit of support we used a relative to help sponsorship me, but, I know that my husband has to do it too, the problem is that he didnt do his last year taxes (2016) because he was outside the US and not working most of the year. He does have 2015 tax return though. What should I do here? should I omit 2016 on the affidavit of support for him? I dont know how to fill that out.

    Thank you!

  • #2
    Originally posted by aasupp View Post
    I'm currently filling for AOS (i-485) and my husband (US citizen) petitioned me as a spouse, we're doing all paperwork and since he didnt have enough money last year, for our affidavit of support we used a relative to help sponsorship me, but, I know that my husband has to do it too, the problem is that he didnt do his last year taxes (2016) because he was outside the US and not working most of the year. He does have 2015 tax return though. What should I do here? should I omit 2016 on the affidavit of support for him? I dont know how to fill that out.

    Thank you!
    As a US citizen he is subject to US taxes on his worldwide income no matter where he lives, so being outside the US is irrelevant. The only legitimate reason to not file taxes is if his (worldwide) income that year was below the threshold to need to file. The conditions for needing to file are found at the relevant tax year's Form 1040 instructions, in a section in the beginning named "Do You Have To File?" If he didn't file because he wasn't required to file for any of the last 3 years, he needs to put "N/A" for the "total income" for that year, check the box that says he wasn't required to file on the I-864, and attach a statement.

    This is my personal opinion and is not to be construed as legal advice.

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