Jump to content
Anais & Maud

Filing I-864 for Beneficiary Spouse but Last Tax Return Was Filed Jointly with Ex-Husband

3 posts in this topic

Recommended Posts

Filed: Citizen (pnd) Country: France

Hello VisaJourney community,


First off -- I want to say that I am incredibly grateful for this amazing community. In the last few years, I have learned a LOT thought these forums and through everyone's timelines as I strived to become a permanent resident, and later on a US citizen. So thanks for being awesome everyone. :)


I'm writing you all here to ask for help: I am about to sponsor my wife for her Adjustment of Status. Our case is pretty straightforward: She'll be adjusting from a J1 visa, without 2 year residency requirement, I'm a US citizen, I proposed to her a couple of months after her arrival in the US, we got married 6 months later and are applying over 7 months after her arrival on US soil... but there's one particularity to our case that makes me nervous. In order to make this clearer, here's a quick timeline of our relationship:


- I started my relationship with my current wife while I was separated but still married to my ex-husband in 2017.

- I started divorcing from my ex-husband in 2018.

- My wife (then girlfriend) arrived in the US on a J1 trainee visa in December 2018.

- My divorce process took forever but was finally pronounced and final in February 2019.

- I proposed to my wife in March 2019.

- We got married in June of 2019.

- We are now filing concurrently for I-130 and I-485 to petition for her Adjustment of Status so she can stay here to live with me.


My question is with regards to the I-864 part of the AOS application:


My personal income, alone, is LARGELY above the minimum requirement to be a sponsor (I have W2s from the last two years, six months worth of paychecks, a letter of employment, etc.)

BUT: I know that I have to file form I-864 to sponsor her, as her petitioning spouse, and that I have to provide my last tax return or transcript (for 2018) as supporting documentation. I have it, and can provide it, but I am worried because my ex-husband and I filed our 2018 taxes as married JOINTLY since we technically were married in 2018 (got divorced in February of this year, 2019), and it made a lot more sense for us to do so financially.


So my question is: Will providing my 2018 IRS transcript be an issue for this application since it will show my ex-husband's name and I plan on being the sole sponsor for my spouse's application?

Should I file for I-864ez instead and only provide my W2s from 2017 and 2019, offer letter and 6 months of paychecks?

Or will the I864ez require me to provide my IRS transcripts/tax returns anyway?


Thanks so very much in advance for any help and advice you'll give us.



Share this post

Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Brazil

IRS tax transcript for most recent tax year is required, some submit three years.  Your ex-husband will be listed on your forms anyway so just be upfront about everything.  Also a divorce decree is required from your previous marriage.  People get divorced all the time so it should not be an issue.  Maybe a little more scrutiny because of the quick marriage after divorce, but you can't be denied because of this.  Good luck and much happiness!

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...