Tax Returns - I-864 (HELP!!! - very worried)

[aoifee 0]

My fiance was born in USA but grew up in Ireland. He moved to the US in February 2008.

He spent much of this past year unemployed.

He is currently employed and earning more than 125% poverty line.

His tax return for 08 will not meet poverty line requirements and he never filed one prior to this.

My questions are:

1) will we get greencard based on I-864 and one tax return that doesn't meet poverty line. He does have letter from employer and payslips

2) should he file tax returns for previous years (I know USC should in theory but he didn't even get a SSN until Feb last year etc so does this apply in his case)?

According to a document issued by USCIS "when determining sufficiency of a form I864, USCIS will first consider the sponsor's anticipated income for the year the sponsor signed Form I-864".

Thanks v much!!

This site has seen me through months of anguish and worry!! Thanks to all!!

[Otto 83]

The pay slips will be used to determine current/future income (the letter of employment helps too) and the tax return (while it doesn't help in your situation) will be required. You should be good to go with what you've listed - no real need to file back taxes (based on what you've posted), doesn't sound like they would help either.

[Bobby+Umit 161]

2) should he file tax returns for previous years (I know USC should in theory but he didn't even get a SSN until Feb last year etc so does this apply in his case)?

He will have to explain why, as an USC, he didn't file taxes, even if they are abroad, when you file the I-864.

If you were not required to file a Federal income tax return under U.S. taxlaw because your income was too low, attach a written explanation. If you were not required to file a Federal incometax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

Source: I-864 instructions.

[Eric-Pris 1,602]

I would find a co-sponsor, just in case. They may not request it, but there may not be enough earnings history there to satisfy USCIS.

[aoifee 0]

I would find a co-sponsor, just in case. They may not request it, but there may not be enough earnings history there to satisfy USCIS.

Exactly what I am worried about. Do you guys think we have sufficient earnings history?

We don't have any relatives in the US or friends we know well enough to sponsor us....eeek!!!

2) should he file tax returns for previous years (I know USC should in theory but he didn't even get a SSN until Feb last year etc so does this apply in his case)?

He will have to explain why, as an USC, he didn't file taxes, even if they are abroad, when you file the I-864.

If you were not required to file a Federal income tax return under U.S. taxlaw because your income was too low, attach a written explanation. If you were not required to file a Federal incometax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

Source: I-864 instructions.

Thank you. I'll look into it. Hope he doesn't have to file as that would be a serious pain...