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Posted

Hi team,

My wife is a US citizen but has never lived in the USA (also Australian citizen). As a result she has never filed taxes in the US, which we are now aware she should have been (although the expat tax exemption would mean she wouldn't pay anything).

We are going through the immigration visa process and have paid AOS and IV fees, submitted the IV application and are now due to submit financial documents. We have her father acting as a joint sponsor.

A few questions:

Will her lacking US tax records be a barrier to her completing the affadavit of support?

Does the petitioner need to submit an affadvait of support at all? Can her father be the sole sponsor?

If we then need for her to have US tax records to proceed, how many years should we go back and complete? (also - does anyone have any experience filing it personally? It seems most tax agents charge $300-400 per year)

Any advice on this would be much much appreciated!

Thanks :)

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Petitioner is always the primary sponsor regardless of income. So they must complete the form I-864 and submit all required documents.

Get the tax returns filed and then get the transcripts. The most recent 3 years are needed. 2013-2015.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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