The affidavit of support

[houseplant 0]

Hello to everyone. This is my first time here. My husband doesn't seem to be taking the adjustment of status process very seriously and now that I look at the affidavit of support form where it says it is required to provide the last tax return, I am getting increasingly worried. I am from the UK and so far, the forms are fine to fill out and send in except my husband has not filed a tax return in the last few years. Is this going to hold up or even prevent the application from going forward?

Many thanks for your help.

[Que Saudade 284]

This definitely will have to be addressed. He will have to send in a statement as to why he wasn't required to file income taxes. A joint sponsor may be what you guys will need.

As a side note, your husband might not take it very serious, but USCIS does.

Good luck with your situation.

P.S. What Visa process are you going through??

[houseplant 0]

Thank you for your reply. It wasn't that he "wasn't required to file" if you see what I mean. We don't have a lot of money and we don't know anyone that does so I'm not sure if we would even be able to find a joint sponsor. I'll have to talk to him about this. Thank you.

[Anh map 2,098]

Thank you for your reply. It wasn't that he "wasn't required to file" if you see what I mean. We don't have a lot of money and we don't know anyone that does so I'm not sure if we would even be able to find a joint sponsor. I'll have to talk to him about this. Thank you.

Without him filing the tax return, you folks are dead in the water.

Time for hubby to clean up his tax filings. Issues with the tax man do not get better with age.

Best of luck.

[Que Saudade 284]

Thank you for your reply. It wasn't that he "wasn't required to file" if you see what I mean. We don't have a lot of money and we don't know anyone that does so I'm not sure if we would even be able to find a joint sponsor. I'll have to talk to him about this. Thank you.

The fact remains that he did not file. He WILL have to submit a statement as to why he wasn't required to file. If that is because he was below the filing requirement, then that will be the answer. Shouldn't be a problem.

The problem will be can he show income of 125% of the poverty guideline. I-864P

If he can't, then a joint sponsor will be needed.

Where are you? UK?

Edited September 3, 2012 by Que Saudade

[vinnylc 2]

i have the same concern with my fiance im right on the "cusp" of the income line and its a very big deal to the government.....so my lawyer is playing it safe by having me with go with a joint sponsor....and as a side note co sponsors usually must be immediate family anyone else usually doesn't cut it......the point of the tax returns is that should you divorce the i-864 i think it is...will kick in and he will be obligated to pay for benefits you receive here.....and it ant be nullified with a pre nup...

[houseplant 0]

I'm in the US. I came over on an F-1 five years ago. I'm 45, he's 50. His divorce wiped him out financially. I'll have to print everything out and get him to actually read it, I think.

[Anh map 2,098]

*Moved from Adjust Status - Family Visa forum to Adjust Status - Work, Student, Tourist forum*

Hopefully your relationship and the adjustment of status are catalysts to help your husband to reengage.

[Que Saudade 284]

...and as a side note co sponsors usually must be immediate family anyone else usually doesn't cut it....

A joint sponsor can be 1- US Citizen or 2- US National or 3- Lawful Permanent Resident and who is at least 18 years old and domiciled in the US and willing to be held jointly liable with the petitioner for the intending immigrant.

[vinnylc 2]

A joint sponsor can be 1- US Citizen or 2- US National or 3- Lawful Permanent Resident and who is at least 18 years old and domiciled in the US and willing to be held jointly liable with the petitioner for the intending immigrant.

yes technically its can be any citizen BUT its up to the immigration officers discretion to accept that person as a feasible co sponsor....you can take a joe shmoe off the street and have them sign a co sponsorship they wont accept it.....

[houseplant 0]

Thanks you guys! Your knowledge is MUCH appreciated.

[X Factor 1,112]

The good news is if he didn't file and was required, then he can still do his taxes for the past 3 years. He may have to pay a fine ONLY if he was required and didn't (and he owed). If he is getting a refund then there are no issues with back filing. So find a tax company such as HR Block and get going becase time is critical for you guys

[vinnylc 2]

Thanks you guys! Your knowledge is MUCH appreciated.

pashalsta.........but always remember this places are just filed with empty rhetoric....before you do anything always consult a lawyer please.....

[houseplant 0]

Well I did consult a lawyer in SF before I moved to the North Bay. He said that there would not be a problem but I think he was just assuming that he was filing tax returns. The tax thing is really the only stumbling block. And the reason that I didn't (couldn't) go back to that lawyer (at the Jewish Family Services - great place BTW) is because we couldn't "prove" that we are low income.

[vinnylc 2]

Well I did consult a lawyer in SF before I moved to the North Bay. He said that there would not be a problem but I think he was just assuming that he was filing tax returns. The tax thing is really the only stumbling block. And the reason that I didn't (couldn't) go back to that lawyer (at the Jewish Family Services - great place BTW) is because we couldn't "prove" that we are low income.

2012 Poverty Guidelines

Size of Family Unit 48 Contiguous

States and D.C.

1 $11,170

2 $15,130

3 $19,090

4 $23,050

5 $27,010

6 $30,970

7 $34,930

8 $38,890

For each additional person, add $3,960 $4,950 $4,550

just in case you needed it....

Edited September 3, 2012 by vinnylc