h1b aos

[IMBG 0]

Hi i am on h1b and planning to adjust my status. My husband is a US citizen. The only problem is i am having trouble answering form I-864 since he did not grew up from here in the united states, he was born here and grew up in another country (dual citizen). Now he is back he just moved 3 months ago and got a job. However, he does not have income tax return yet since he is new here. I answered form I-864a to back it up. Do you think this will be a problem when i file my adjustment of status? Thank you all for answering.

[geowrian 22,337]

* Moved form K-3 P&P to AOS from Work, Student, and Tourist Visas *

 

Did he work while abroad? US Citizens and green card holders are taxed on worldwide income. If he had income and it was about a minimum threshold to file, then he must file those back tax returns (at a minimum, the past 3 years) before filing the I-864. No way around that.

If his income was below those thresholds, then he can mark as such on the I-864 and state why he was not required to file.

 

Edit: Note that the requirement is to file - in most cases, unless one makes over around $100k/year, no actual taxes are due. The FEIE and/or FTC can eliminate or reduce tax liability.

Edited October 14, 2019 by geowrian

[IMBG 0]

Thank you for answering the question.

 

No he did not work outside abroad since he was a full time student back then. So he just started a job here in the USA last month. Can we just file I 864 and not put an income tax return and Can I still file my I 864a since i am the one who is working here for 2 years now?

[geowrian 22,337]

11 minutes ago, IMBG said:

Thank you for answering the question.

 

No he did not work outside abroad since he was a full time student back then. So he just started a job here in the USA last month. Can we just file I 864 and not put an income tax return and Can I still file my I 864a since i am the one who is working here for 2 years now?

He will need to mark the I-864 as such then. See "I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this". The evidence would be stating that he had no income as he was a student. Optionally attach something showing he was enrolled (not required, but can't hurt IMHO).

 

No need for an I-864A from you. Your income can be provided as a household member on his I-864 directly. Attach supporting evidence still, of course.

See "One or more of the people listed in Item Numbers 8., 11., 14., and 17. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents."

[IMBG 0]

Thank you so much for the enlightenment. Everything makes sense now.

 

I have another question I am doing a concurrent filling.

 

Am I required to file I 693 together with I 130, I 130a, I 765, I 131, and I 864?

[geowrian 22,337]

1 minute ago, IMBG said:

Thank you so much for the enlightenment. Everything makes sense now.

 

I have another question I am doing a concurrent filling.

 

Am I required to file I 693 together with I 130, I 130a, I 765, I 131, and I 864?

An I-693 is not required at the time of filing: https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf

Quote

You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if you wish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination.

 

[IMBG 0]

Alright Thanks a lot for answering all my questions. Going back to my I 864 do i have to include that he is a citizen from another country too?

[geowrian 22,337]

On 10/14/2019 at 7:32 PM, IMBG said:

Alright Thanks a lot for answering all my questions. Going back to my I 864 do i have to include that he is a citizen from another country too?

It doesn't have to be listed there, but can be.