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Affidavit of support and only one year of tax filing

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  • Affidavit of support and only one year of tax filing

    Hello experts -

    I need some advice. If a US citizen husband hasn't filed taxes for sometime, is filing the taxes for year 2013 enough to petition his wife for greencard? He currently makes more than 125% of poverty guidelines but he's not been filing his taxes. Come Jan 30, he'll file for last years, but there's just not enough savings to file for previous two years and pay IRS penalty. One lawyer mentioned that he needs to have last three years of tax returns, another told that most current year's tax return plus an explanation why the other two years is missing is enough. I'm confused. Also what if there is a non-petitioning sponsor? Would the US citizen husband still require to have last three years of tax return as supporting docs for I-864?

    Thank you!!!!!

  • #2
    Only tax filing proof for the most recent tax year is required.

    --Ray B

    Originally posted by Maya2014 View Post
    Hello experts -

    I need some advice. If a US citizen husband hasn't filed taxes for sometime, is filing the taxes for year 2013 enough to petition his wife for greencard? He currently makes more than 125% of poverty guidelines but he's not been filing his taxes. Come Jan 30, he'll file for last years, but there's just not enough savings to file for previous two years and pay IRS penalty. One lawyer mentioned that he needs to have last three years of tax returns, another told that most current year's tax return plus an explanation why the other two years is missing is enough. I'm confused. Also what if there is a non-petitioning sponsor? Would the US citizen husband still require to have last three years of tax return as supporting docs for I-864?

    Thank you!!!!!

    Comment


    • #3
      Thank you. Question 13 on I-864 has fields to fill for 2nd most recent and 3rd most recent yearly income. Does he need to state the income made for the 2nd recent and 3rd recent if no taxes were filed? Or can it be left blank?

      Originally posted by rayb View Post
      Only tax filing proof for the most recent tax year is required.

      --Ray B

      Comment


      • #4
        Actually, those fields are not asking for income but for income as reported on tax returns for given years. Only the most recent year tax return info is required, and no penalty is associated with leaving the two older years blank.

        --Ray B

        Originally posted by Maya2014 View Post
        Thank you. Question 13 on I-864 has fields to fill for 2nd most recent and 3rd most recent yearly income. Does he need to state the income made for the 2nd recent and 3rd recent if no taxes were filed? Or can it be left blank?

        Comment

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