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Help with tax returns and AOS

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  • Help with tax returns and AOS

    I'm a US citizen my wife is not,we live together.
    We're about to apply to adjust her status,but i haven't been consistent with my taxes.
    In 2017 and 2018 i worked off the books and didn't file taxes but i filed for 2019 and i meet min. requirements.
    I'm also using a family member as a joint sponsor

    1. Will i have to file taxes for 2017,18 before i can apply to adjust her status?
    2.I recently inherited a home,is this something that's a significant or just minor help with AOS?

  • #2
    What matters is whether you were required to file a tax return for those years. Your worldwide income is subject to US tax, no matter if you worked "on the books" or "off the books". If your worldwide income for those years (including income from "working off the books") exceeds the threshold for needing to file a tax return (found in that year's form 1040 instructions, section "Do You Have To File?"), and you didn't file, you must go back and file those years' tax returns first, before you can complete I-864. On the other hand, if your worldwide income for those years (including income from "working off the books") is below the threshold for needing to file a tax return, then you do not need to go back and file; you would just need to check the appropriate box and attach a statement stating your income for those years and stating that it was below the relevant threshold.

    A house which is not your primary home can be counted as assets which can fill in for insufficient income, with $3 of assets counting as $1 of income. However, if you guys are using a joint sponsor, then there is no point, since you would only use a joint sponsor if your own household income/assets is insufficient.

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

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