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Hello everyone,

thanks for reading the topic, here is my situation :

my husband had been a student overseas in the last 3 years and didn't have any income in the U.S. so he didn't file the tax returns for 2017,2016 and 2015.

at the end of February 2018 he started working in the USA and by now made the minimum wage, 

Do we still need a joint sponsor for this situation ? or my husband can cover the income with the current year?

  

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9 minutes ago, Nill said:

my husband had been a student overseas in the last 3 years and didn't have any income in the U.S. so he didn't file the tax returns for 2017,2016 and 2015.

USCs and LPRs are taxed on worldwide income, not just US-based income. If he made more than the minimum thresholds to be required to file, then he must file taxes before he is eligible to file an I-864.

Generally, one can use the FEIE and/or FTC credit to eliminate their tax liability on income earned while abroad.

If he had no income at all, or less income than the filing threshold, then he should provide a signed statement as to why he was not required to file.

 

Current income is king. That said, the CO looks at the totality of the circumstances to determine the public charge concern. Many people have had success with only income earned thew same year as they file.

Some embassies/consulates are more strict than others.

Making the minimum income level qualifies one to file an I-864. No income level ensures that will satisfy the CO.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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2 hours ago, geowrian said:

USCs and LPRs are taxed on worldwide income, not just US-based income. If he made more than the minimum thresholds to be required to file, then he must file taxes before he is eligible to file an I-864.

Generally, one can use the FEIE and/or FTC credit to eliminate their tax liability on income earned while abroad.

If he had no income at all, or less income than the filing threshold, then he should provide a signed statement as to why he was not required to file.

 

Current income is king. That said, the CO looks at the totality of the circumstances to determine the public charge concern. Many people have had success with only income earned thew same year as they file.

Some embassies/consulates are more strict than others.

Making the minimum income level qualifies one to file an I-864. No income level ensures that will satisfy the CO.

As @geowrian said all LPR and USC have to file taxes every year even if living abroad. So he will need to file taxes for those periods or a signed statement why he didn't. Also if he is working and only making minimum wage then the total amount he makes a year might not be enough to make the threshold. So you might want to check that more thoroughly. 

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If he had NO INCOME from any employment or business, he is not required to file tax returns.  Current income and current year income are not the same thing.  Minimum wage does not mean the same as meeting the minimum income requirements.

 

People with NO income who are petitioning a relative, are required to provide an I-864.  The only qualification is being a petitioner.

 

Yes, the public charge decision is always a judgment call.

 

Please clarify what the petitioner's current income is.  How much gross per pay period and how often are they paid?


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