Husband filling for mother but we are separating

[Akire989]

Ok, my still husband (we are separating but not legally divorced yet) who got citizenship through me will file for his mom who will come with a tourist Visa but after 90 days here in the US they will send the papers for status adjustment. So he will need at least 2 years of taxes in which my information is there too since we filled them together as a marriage but I dont want my information in this process since we are not together anymore and working towards divorce. Is there any way that they can file without my information being involved in the process?

[newacct]

He will have to sign an I-864 as part of his mother's immigration process, and he will need to provide the last 1 year (optionally last 3 years) of his tax returns, as well as fill in the "total income" number from his tax returns from the last 3 years on one of the questions on the form. If you guys filed jointly for some of those year, then those tax returns and the total income number will be from the joint tax returns, but that doesn't affect you. What matters is not his past tax returns, but his current income. For the question about his current individual income he will put only his own current salary. If you do not sign an I-864A, then your income cannot be counted in his household income, so his current household income, on the I-864, will just consist of his current individual income. You are under no obligations if you did not sign an I-864A.