I-864 Part 6 Q13 - Only filed for most recent year

[liznaj7 17]

Hi everyone, currently preparing to file I-485 (AOS from K1) and I'm stumped by the I-864 Affidavit of Support.

Under part 6, question 13 has a checkbox next to "I have filed a Federal tax return for each of the three most recent tax years." My husband's salary is well above the poverty line, but he only has tax returns for the most recent 1 year as he was still in college for the two years before that.

Do we leave the box unchecked and include his most recent tax returns + a letter of explanation? Or do we check the box anyway and explain in the letter.

For the first option, I'm afraid of giving them the (false) impression that my husband has not filed taxes at all. For the latter, not sure if this is considered fraud or misrepresentation since he filed for one, and not three, years.

Thanks!

[KayDeeCee 4,891]

You can leave it unchecked, or even check it and put a line through the first part about filing all three years and just leave the sentence about including the most recent. Either way you have to include the required statement as to why you were not legally required to file for any of the last 3 years you did not.

[liznaj7 17]

You can leave it unchecked, or even check it and put a line through the first part about filing all three years and just leave the sentence about including the most recent. Either way you have to include the required statement as to why you were not legally required to file for any of the last 3 years you did not.

Thank you!! Very helpful