Entered on the VWP AOS to being married to US Citizen

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Hi There,

I'm now about to file my papers but i'm stuck on the form i-864... my spouse does not meet the income requirements as she falls below the income poverty level however i do have a joint sponsor that certainly does do that, my friend has filled out the form and that is good to go, however my spouse has not filed her tax returns for the last 3 years but my joint sponsor has, what do i need to do here?

Your spouse, as the petitioner, must fill out an I-864, even if you are using a joint sponsor who is also filling out an I-864.

If your spouse's income was below the income threshold for needing to file a tax return for all of the last 3 years (the thresholds can be found in each tax year's form 1040 instructions, in the section near the beginning called "Do You Have To File?"), she is fine. She would check the box in I-864 Part 6 #25, put "N/A" for her total income in Part 6 #24a-c, and attach a statement stating what her income was those years and that it was below the threshold.

If your spouse's income was above the threshold for needing to file for any of the past 3 years, and yet she did not file, she will need to go back and file before she can do I-864, and thus she will need to go back and file before you can immigrate.