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Affidavit of Support filing-- living in Canada

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  • Affidavit of Support filing-- living in Canada

    Hi everyone,
    I'm new here, so please bear with me.

    I was born and raised in the US; moved to Canada after meeting my Canadian husband (2010). We were married here in Canada (2012) and have been living here ever since.
    We have an approved I-130 and now are in the Immigrant Visa and Affidavit of Support step. We co-own a successful business here, but have not filed taxes in the US since 2011 as my income there was non-existent.
    How do I complete my AOS? Can I use my Canadian tax returns? Our home?

    Please advise if you have experience or knowledge in this area.

    Thanks!

  • #2
    You said your "income there was non-existent". But what about your worldwide income? As a US citizen you are subject to US taxes on your worldwide income. If you made more than a negligible amount of worldwide income, you needed to have reported your worldwide income on your US tax return. This is true even if you would have been eligible to claim the Foreign Earned Income Exclusion and even if you would have no tax left after applying the exclusion -- you would have needed to report the income and filed the form for the exclusion. If you made more than a negligible amount of worldwide income, and didn't file US tax returns, you need to go back and file back taxes now, before you can do I-864.

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

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