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frankiebean

Husband (Petitioner) did not file taxes (I-864)

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Filed: TN Visa Country: Canada
Timeline

Hi,

 

I'm filling out the I-864 form for my husband who is sponsoring me. However, he has not filed his taxes in the past year. Is this going to be a problem? How should I proceed?

 

We make enough income separately (I'm working in the US on a TN visa) that meeting the requirement shouldn't be a problem. 

Adjusting from TN to Green Card through marriage

July 5th, 2018 Married in New York

Aug 7, 2018 - AOS package sent  (I-485, I-130, I-130A, I-864, I-131, I-765 )

Aug 17, 2018 - Received NOAs via e-notification (email/text)

Aug 29 - RFE request for missing form

Sept 6, 2018 - Biometrics appointment

Sep 10th, 2018 - Requested USCIS to expedite EAD under "severe financial loss" 

Sep 16th, 2018 - Received letter from USCIS requesting  documents to  support expediting of EAD

Sep 16th, 2018 - Documents supporting EAD expedite faxed to USCIS

Sep 25th, 2018 - Requested help from congressman, they've filed on their behalf

Oct 3rd, 2018 - Told by congressman that USCIS has rejected my request to expedite

Oct 3rd, 2018 - Case ready to be scheduled for interview

Oct 10, 2018 - Received update that my EAD card is in production

Oct 16, 2018 - Received EAD and AP combo card in mail!

Nov 8, 2019 - Got an email saying my Interviewed is scheduled (finally!)

Dec 18, 2019 - GC Interview

Dec 19, 2019 - I-485 and I-130 approved! Green card ordered :)

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Filed: AOS (apr) Country: Canada
Timeline

He needs to file his taxes, or you can NOT proceed.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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

If the income does not meets requirement to file tax, then you're not required to file. When you fill out i864, attacked an explain why you not file tax and send along another i864 of join sponsor.

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Filed: AOS (apr) Country: Uganda
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8 hours ago, frankiebean said:

Hi,

 

I'm filling out the I-864 form for my husband who is sponsoring me. However, he has not filed his taxes in the past year. Is this going to be a problem? How should I proceed?

 

We make enough income separately (I'm working in the US on a TN visa) that meeting the requirement shouldn't be a problem. 

are you using your or his income or joint income? He still needs to file taxes albeit late.

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Filed: TN Visa Country: Canada
Timeline

We are doing joint income, although I could probably just use mine. My income is ~$100k and his is well above mine. Do I still need to add his if mine is sufficient?

Edited by frankiebean

Adjusting from TN to Green Card through marriage

July 5th, 2018 Married in New York

Aug 7, 2018 - AOS package sent  (I-485, I-130, I-130A, I-864, I-131, I-765 )

Aug 17, 2018 - Received NOAs via e-notification (email/text)

Aug 29 - RFE request for missing form

Sept 6, 2018 - Biometrics appointment

Sep 10th, 2018 - Requested USCIS to expedite EAD under "severe financial loss" 

Sep 16th, 2018 - Received letter from USCIS requesting  documents to  support expediting of EAD

Sep 16th, 2018 - Documents supporting EAD expedite faxed to USCIS

Sep 25th, 2018 - Requested help from congressman, they've filed on their behalf

Oct 3rd, 2018 - Told by congressman that USCIS has rejected my request to expedite

Oct 3rd, 2018 - Case ready to be scheduled for interview

Oct 10, 2018 - Received update that my EAD card is in production

Oct 16, 2018 - Received EAD and AP combo card in mail!

Nov 8, 2019 - Got an email saying my Interviewed is scheduled (finally!)

Dec 18, 2019 - GC Interview

Dec 19, 2019 - I-485 and I-130 approved! Green card ordered :)

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He is and must be the principal sponsor as it is the spouse relationship with him, the USC, which allows you to be eligible to aply to immigrate.

He must complete the I864, which requires presenting evidence of his tax returns for the past 3 years, including the tax transcripts from the most recent tax year, 2017. He must file the tax return and get the tax transcript or return in order to file the complete application,

Was he not planning to file taxes, or has an extension and hasnt yet filed?  

 

 

 

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Filed: K-1 Visa Country: Wales
Timeline

Needs to see his CPA and get caught up.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (pnd) Country: Russia
Timeline

Sharing my experience: my husband wasn't required to file taxes and he didn't. When when we were preparing my AOS application in June we also filed his taxes via turbotax  just for sake to attach it to my application. My husband was not required to file taxes because he wasn't in US last year, we was staying with me abroad off his savings. To show that he is now back in US, working and capable financially we provided a cover letter explaining all his situation, attached tax returns for past 3 years (where they can see he was having decent income) and pay stubs from recent 6 months to show that his income right now is sufficient and that his expected annual income will be well above of what is required. I hope this will work for USCIS ;-)

___________________________

Timeline:  

16-JUL-2018 - Mailed AOS package (130/130A/485/864/765) - DAY1

26-JUL-2018 - Checks cashed-in and e-notifications received - DAY11

31-JUL-2018 - NOAs (hardcopies) received in mail - DAY16

03-AUG-2018 - Biometric invitation received in mail - DAY19

16-AUG-2018 - Biometric appointment DAY32

09-AUF-2018 - RFE

05-SEP-2018 - USCIS received submission for RFE

12-SEP-2018 - Case is ready to be scheduled for interview

02-NOV-2018 - EAD approved (email notice)

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