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Husband only have the most recent tax fear filled I-864

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  • Husband only have the most recent tax fear filled I-864

    Hi everyone,

    I'm from Hungary my husband is a US citizen. We started the whole AOS in September and we've already done the biometrics. However, we got an RFIE because he didn't fill the I-864 only our joint sponsor, my mother-in-law did.
    The problem is that he only has the most recent tax year tax refund. Ha was paid in cash in his previous job and didn't fill tax return for 2015-16. We know it was a bad choice and he has a proper job for over a year now, he's filled tax return so please spare us from comments regarding how bad it was not to do so back in 2015-16. We know it.
    The question is if you guys think it's going to be a problem now. We kept my mother-in-law as a joint sponsor, all her papers are good and she's making way above the 125% of poverty guideline.
    Has anything like this happened to anyone before? We would really appreciate some advice

  • #2
    Originally posted by vivicsikos View Post
    Hi everyone,

    I'm from Hungary my husband is a US citizen. We started the whole AOS in September and we've already done the biometrics. However, we got an RFIE because he didn't fill the I-864 only our joint sponsor, my mother-in-law did.
    The problem is that he only has the most recent tax year tax refund. Ha was paid in cash in his previous job and didn't fill tax return for 2015-16. We know it was a bad choice and he has a proper job for over a year now, he's filled tax return so please spare us from comments regarding how bad it was not to do so back in 2015-16. We know it.
    The question is if you guys think it's going to be a problem now. We kept my mother-in-law as a joint sponsor, all her papers are good and she's making way above the 125% of poverty guideline.
    Has anything like this happened to anyone before? We would really appreciate some advice
    In order to file I-864, for the last 3 years, he must have either filed a tax return, or he wasn't required to file those years because his income was below the minimum threshold for needing to file. The threshold can be found in the beginning of the relevant year's Form 1040, in a section called "Do You Have To File?". If he was not required to file for some of those years, he needs to check I-864 Part 6 #25, put "N/A" for the year in Part 6 #24, and attach an explanation citing his income that year and what the threshold was. If he was required to file but did not file, he must file the tax return before he can fill out I-864.

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

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    • #3
      I only turned in my previous year?s tax transcript to sponsor my husband. Does it specifically ask for 3 years? Because when I filled the form, it was only optional if income was borderline. If the co-sponser easily qualifies, you may not need to turn in the other years.
      Adjustment of Status c(9) 400 days
      Married: 8/18/17
      Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
      I-485 Status - "Biometrics Fee Received": 10/28/17
      Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
      EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
      EAD/AP Renewal Received: 10/4/18
      Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
      Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
      Card in hand! 11/23/18 (Day 400)

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      • #4
        Originally posted by miiki View Post
        I only turned in my previous year?s tax transcript to sponsor my husband. Does it specifically ask for 3 years? Because when I filled the form, it was only optional if income was borderline. If the co-sponser easily qualifies, you may not need to turn in the other years.
        You are only required to attach a copy of the last 1 year of tax returns, but you have to provide the number from the "total income" line of your tax returns from the last 3 years, in Part 6 #24a-c.

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

        Comment

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