I 864

[Satisavitri]

I am in the US on a work visa. I will be marrying my fiancee in a couple of months. He hasn't filed his tax return. He is required to and has a taxable income. We want that I settle down here and apply for immigration. Will it be problematic for the application to be processed as he has no returns? I do have a co-sponsor with the required income proof.
Thanks

[JoelNunez]

First things first, congratulations on your engagement. Now when you two file for the adjustment of status (I-485) you must submit a couple of forms, which on that is the I-864. The petitioner (your spouse) must submit proof of employment & his 2016 income tax return. If he does not submit his tax return then yes you are forced to get a joint sponsor.

[newacct]

If he does not submit his tax return then yes you are forced to get a joint sponsor.

A joint sponsor doesn't solve this problem as the petitioner always must be a sponsor and must fill out an I-864 which requires them to have filed tax returns if they were required to.

[JoelNunez]

A joint sponsor doesn't solve this problem as the petitioner always must be a sponsor and must fill out an I-864 which requires them to have filed tax returns if they were required to.

I did not say the petitioner doesn't need to file an I-864. The petitioner will always need to file an I-864 (employed/unemployed). But since the OP is saying that the petitioner has not file their income tax but wants to continue with their case then yes he/she would need to look for a joint sponsor. Then the petitioner would submit a simple letter stating that he has not filed his/her income tax but is using a joint sponsor.

[newacct]

I did not say the petitioner doesn't need to file an I-864. The petitioner will always need to file an I-864 (employed/unemployed). But since the OP is saying that the petitioner has not file their income tax but wants to continue with their case then yes he/she would need to look for a joint sponsor. Then the petitioner would submit a simple letter stating that he has not filed his/her income tax but is using a joint sponsor.

The petitioner cannot "submit a simple letter stating that he has not filed his/her income tax" if they were required to file, as is the case here.

[NettieL]

........ He hasn't filed his tax return. He is required to and has a taxable income. We want that I settle down here and apply for immigration. Will it be problematic for the application to be processed as he has no returns?....

Did you mean he hasn't filed for 2016 yet? Because, if he does, he can still petition the I-130 based on last year's income.

If he didn't file taxes when he had to, it will cause problems.

[Satisavitri]

Thanks very much everybody for your responses. So if I understand correctly the income tax return is required regardless of having a co-sponsor. Is that correct? And is there a way around this situation?
Thanks

[taahaa]

Hi!

I am going through the same problem, I want to file it for my mother only, my income is not enough and I am unable to find a joint sponsor to help me out, however I read on the USCIS website, I have pasted the relevant part below and the link is (https://www.uscis.govhttps://www.imm...idavit-support)


If You Can’t Meet the Minimum Income Requirements

If you cannot meet the minimum income requirements using your earned income, you have various options:

You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125% of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).




Now since we do not meet the requirements, could you explain this part to me please? I think it basically states that I must have a certain amount in my account, am I right or wrong? Because if this is true, then I can easily place the funds in my account to go through with the process.

Looking forward to hearing from you.

[NettieL]

Thanks very much everybody for your responses. So if I understand correctly the income tax return is required regardless of having a co-sponsor. Is that correct? And is there a way around this situation?
Thanks

Yes, he needs to file taxes for the years that he worked/had other income, according to the IRS rules regarding taxes, based on his country of residency.
No, there's no way around it. If he hasn't filed any taxes yet, you will have to wait until next year's tax return before you can file.

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Hi!

I am going through the same problem,................

It may be better to start a new thread with your question, since it won't appear under "new posts" and some of the seasoned forumites may think this thread has already been addressed. (just my 2c. good luck.