I-864 / No joint sponsor, no tax returns for past years

[Trebbz 0]

Hi!

I am getting ready to file for AOS, and my husband wants to file I-864 by himself, without a joint sponsor.

He makes way more than 125% of the poverty guideline, but he has started working only last January.

Before then, he was a full-time student and did not file taxes.

He thinks we'll be okay if he includes a letter explaining the situation, but I am afraid they will still ask for a joint sponsor and everything will be delayed.

What are your thoughts, VJ people?

Thanks!

[Penguin_ie 5,985]

You should be fine, he will have paystubs of 9+ months to show.

[Moslund 94]

USICS may request for a co-sponser but i would let him file it on his own but have a back up co-sponcer just incase you get that RFIE.. i have a feeling you may get an RFIE cause for a co-sponcer tho... i would definately get a letter form his employeer that will show USCIS that this is a permamnet job that he will be able to maintain at that job at that level of income for many many years to follow.. submitting aletter like that along with ALL his paystubs from that employeer and bank statments to show that money is going int you shared acount should be enough to please them but ultimately they gauge the requirement off the last tax year filed which he wont meet the reuirement so its really all a gamble if you want to chance it or not... If USCIS does request RFIE fo a co-sponser it will just set your application back a few weeks so bare that in mind.. It is also mandatory to send in the 2015 tax return so if he hasnt filed it then how can you send it in? technically by not sending it in will most likely result in a RFIE regaurdless

Edited September 2, 2016 by Moslund

[KayDeeCee 4,891]

USICS may request for a co-sponser but i would let him file it on his own but have a back up co-sponcer just incase you get that RFIE.. i have a feeling you may get an RFIE cause for a co-sponcer tho... i would definately get a letter form his employeer that will show USCIS that this is a permamnet job that he will be able to maintain at that job at that level of income for many many years to follow.. submitting aletter like that along with ALL his paystubs from that employeer and bank statments to show that money is going int you shared acount should be enough to please them but ultimately they gauge the requirement off the last tax year filed which he wont meet the reuirement so its really all a gamble if you want to chance it or not... If USCIS does request RFIE fo a co-sponser it will just set your application back a few weeks so bare that in mind.. It is also mandatory to send in the 2015 tax return so if he hasnt filed it then how can you send it in? technically by not sending it in will most likely result in a RFIE regaurdless

Current annual income is the most important factor, not what you made last year and is listed on your taxes(unless self-employed). They will provide a letter from employer and last 6 months of pay stubs to prove their current annual income amount.

Also, the instructions state what is required if you have not filed taxes for any of the last 3 years. The OP can follow those instructions and include the required explanation as to why they were not legally required to file.

[Meggers 0]

I actually lost my job while in the middle of this process so I had a similar question arise when I was filing the same form. I was able to use my assets to help meet the requirements. Not sure if this helps in your situation but it might be something to include if you are able to do so.