My Partner didnt filed tax for year 2014 and 2015

[Mumbai1234]

Hi All,

My partner didn't filed taxes for year 2014 and 2015 (does have W2) due to some personal issues, but did file taxes for year 2016.
We got married in April 2017 and filed GC in June 2017.

Will this be an issue?

Thanks in advance.

Thanks.

[newacct]

Did he not file and he was not required to file? Or was he required to file but did not file? There's a big difference. Whether he is required to file for a given year is determined by the rules at the beginning of that year's Form 1040 instructions, in a section called "Do You Have To File?". He would only not be required to file if his income was below a certain threshold.

You said "filed GC in June 2017". I assume you filed I-485 for Adjustment of Status? But then you had to have included his I-864 Affidavit of Support, and on that, Part 6 item 19a-c asks for the "total income" numbers from his tax returns from the last 3 years; what did he put for those?

[Mumbai1234]

Did he not file and he was not required to file? Or was he required to file but did not file? There's a big difference. Whether he is required to file for a given year is determined by the rules at the beginning of that year's Form 1040 instructions, in a section called "Do You Have To File?". He would only not be required to file if his income was below a certain threshold.

You said "filed GC in June 2017". I assume you filed I-485 for Adjustment of Status? But then you had to have included his I-864 Affidavit of Support, and on that, Part 6 item 19a-c asks for the "total income" numbers from his tax returns from the last 3 years; what did he put for those?

He was suppose to file the taxes but didn't do because he was going though a rough patch. I met him late 2016.
Also, in I-864 Affidavit of Support, He entered his income from W2.

[newacct]

He was suppose to file the taxes but didn't do because he was going though a rough patch. I met him late 2016.
Also, in I-864 Affidavit of Support, He entered his income from W2.

He can't just put a number on there that's not from his tax return. If he was required to file but did not file, he must file those tax returns before he can complete the I-864.

[Cf Leung]

Your partner should file

Don't think he can sponsor u then

[rayb]

He only needs to include copy of his 2016 Federal tax return. He should not check the box (page 6, #18.a.) which asks if he has filed tax returns for the last 3 years. Many people assume that proof must be provided of last three years of tax returns, but that is not a reviewer requirement.

As an aside, though, I just saw a post-interview requirement from the U.S. Consulate in Guanzhou, and they asked for copies of two most recent tax returns.

--Ray B

Your partner should file

Don't think he can sponsor u then

[newacct]

He only needs to include copy of his 2016 Federal tax return. He should not check the box (page 6, #18.a.) which asks if he has filed tax returns for the last 3 years. Many people assume that proof must be provided of last three years of tax returns, but that is not a reviewer requirement.

As an aside, though, I just saw a post-interview requirement from the U.S. Consulate in Guanzhou, and they asked for copies of two most recent tax returns.

--Ray B

He is not required to attach tax returns from the last 3 years, but he is required to provide the "total income" number from the tax returns of the last 3 years for Part 6 question 19a-c. He cannot put numbers on there that are not from a tax return. And he can only put "N/A" if he was not required to file.