H-1B visa holder marrying US Citizen

[milro 0]

Hi everyone, first time posting here so apologies if I'm posting in the wrong category.

 

My fiance and I are getting married this month and going to file our AOS application in November. We are planning ahead and trying to make sure we have all the documentation that is needed. One of the documents needed, that I have read across the forum is the last years (2016) taxes. My fiance has not worked since 2016 due to some health problems and hence didn't file taxes for 2016. She has been unemployed this year as well and hence doesn't have any income coming in. She has a job lined up for January 2018 though so will have income coming in to show at the time of the AOS interview.

 

I am on H-1B and have more than enough legal income than the required 125% of the poverty line.

 

My question is,

1. How important is it to have prior years tax returns? Can the application be filed stating she didn't have any income in 2016 which is why she didn't file taxes. Also, what is the exact purpose of USCIS requiring prior year's taxes.

2. Can the application be filed stating she is unemployed right now and I make enough money for the both of us?

 

I appreciate everyone's responses in advance.

 

Cheers!

[Coco8 1,042]

1- Very important. I recommend you settle the tax issues before filing for AOS because since you have the H1B you are not in a hurry. 

 

2- No. You need to submit the financial support forms. January 2018 is too far away. If she were to start before filing AOS so that she would have her first check as evidence, that would be fine, but she has not started working so "having a job line up" does not count; people could make up jobs if that were the case. Also, it is not an issue of having a job but meeting the income criteria. For 2 people (so you too without kids), she should make approx. 20,000-22,000 a year. If you do not meet that, then you can get a co-sponsor.

 

Because (1) and (2), it seems that since you have the H1B it would be better for you to AOS once she starts working and fixes her tax return issues. 

 

 

 

 

[milro 0]

Quote

18 minutes ago, Coco8 said:

1- Very important. I recommend you settle the tax issues before filing for AOS because since you have the H1B you are not in a hurry. 

 

2- No. You need to submit the financial support forms. January 2018 is too far away. If she were to start before filing AOS so that she would have her first check as evidence, that would be fine, but she has not started working so "having a job line up" does not count; people could make up jobs if that were the case. Also, it is not an issue of having a job but meeting the income criteria. For 2 people (so you too without kids), she should make approx. 20,000-22,000 a year. If you do not meet that, then you can get a co-sponsor.

 

Because (1) and (2), it seems that since you have the H1B it would be better for you to AOS once she starts working and fixes her tax return issues. 

 

 

 

 

Hey @Coco8, thank you for your response. I'm wondering if she didn't have any income, how is she supposed to file any taxes? How would that work out? 
The other thing, I was under the impression that our collective income should be more than $20,000-$22,000 / year, which it is. Do I still need a co-sponsor? 

 

[Coco8 1,042]

Just now, milro said:

Hey @Coco8, thank you for your response. I'm wondering if she didn't have any income, how is she supposed to file any taxes? How would that work out? 
The other thing, I was under the impression that our collective income should be more than $20,000-$22,000 / year, which it is. Do I still need a co-sponsor? 

When you have no income either you send a letter to IRS saying you had no income or file taxes for 0 as income. I do not know the specifics. What I do know is that people have had the same problem: they had no income so filed no taxes, and then because they had tax paperwork missing, USCIS send them a request for more information, and they got into trouble. Sometimes those requests have to be answered in a month and you may not have time deal with the IRS in that time frame. 

 

The income is not combined. Your income does not come into the equation. The income that counts is the one by the US citizen. So she is the one that should be making 20-22 thousand a year. 

 

 

 

[milro 0]

18 minutes ago, Coco8 said:

When you have no income either you send a letter to IRS saying you had no income or file taxes for 0 as income. I do not know the specifics. What I do know is that people have had the same problem: they had no income so filed no taxes, and then because they had tax paperwork missing, USCIS send them a request for more information, and they got into trouble. Sometimes those requests have to be answered in a month and you may not have time deal with the IRS in that time frame. 

 

The income is not combined. Your income does not come into the equation. The income that counts is the one by the US citizen. So she is the one that should be making 20-22 thousand a year. 

 

 

 

I understand what you mean. So if my fiance were to file taxes stating zero income, then she is good? Would that be a good evidence/document to provide to the USCIS?

[milimelo 4,503]

~ Moved to AOS from work, tourist, student visa. Nothing to do with IMBRA. ~

[azblk 338]

9 hours ago, milro said:

Hi everyone, first time posting here so apologies if I'm posting in the wrong category.

 

My fiance and I are getting married this month and going to file our AOS application in November. We are planning ahead and trying to make sure we have all the documentation that is needed. One of the documents needed, that I have read across the forum is the last years (2016) taxes. My fiance has not worked since 2016 due to some health problems and hence didn't file taxes for 2016. She has been unemployed this year as well and hence doesn't have any income coming in. She has a job lined up for January 2018 though so will have income coming in to show at the time of the AOS interview.

 

I am on H-1B and have more than enough legal income than the required 125% of the poverty line.

 

My question is,

1. How important is it to have prior years tax returns? Can the application be filed stating she didn't have any income in 2016 which is why she didn't file taxes. Also, what is the exact purpose of USCIS requiring prior year's taxes.

2. Can the application be filed stating she is unemployed right now and I make enough money for the both of us?

 

I appreciate everyone's responses in advance.

 

Cheers!

1. first your wife needs to file taxes even if she had zero income. Prior year taxes are NOT required. It is just good to have as can give a little more insight to a bigger financial picture. You do however have to send tax return/transcript for MOST RECENT year.

2. Yes since you are on H-1B, your income can be used to satisfy income requirements. Your wife will still have to file i-864 and add your income as part of the house hold income. You (BENEFICIARY) will also need to file a i-864A. You will also need a letter from your employer stating that you will continue to receive income from them even after you receive LPR status.

[azblk 338]

8 hours ago, Coco8 said:

 

 

The income is not combined. Your income does not come into the equation. The income that counts is the one by the US citizen. So she is the one that should be making 20-22 thousand a year. 

 

 

 

that is not accurate. See article below:

https://www.ilw.com/articles/2006,1128-wheeler.shtm

[Calicolom 266]

File a tax return every year, even if you do not make anything.

[milro 0]

Thanks for your responses everyone. It really helps. We are going to file her taxes.