Petitioner previously filed taxes together with the ex-husband

[Anne Kristina 0]

My American wife (the petitioner) filed for me and my son (CR1 & CR2) a couple of weeks ago and we want to start preparing already now for the next steps. We know the petitioner needs tax reports from the previous years etc.

 

So, my wife was legally married to her ex-husband until last year. They were "separated" but the divorce was finalized only last year. They have filed taxes together previously. They also had a shared bank account etc.

 

We are a little bit confused how these things affect the future steps. My wife has a business and she is earning enough to support me and my son. Any opinions, please?

 

 

[payxibka 10,044]

5 minutes ago, Anne Kristina said:

My American wife (the petitioner) filed for me and my son (CR1 & CR2) a couple of weeks ago and we want to start preparing already now for the next steps. We know the petitioner needs tax reports from the previous years etc.

 

So, my wife was legally married to her ex-husband until last year. They were "separated" but the divorce was finalized only last year. They have filed taxes together previously. They also had a shared bank account etc.

 

We are a little bit confused how these things affect the future steps. My wife has a business and she is earning enough to support me and my son. Any opinions, please?

 

 

Prior tax returns are meaningless.   Only the most recent is required 

[aaron2020 11,651]

For the I-864, your wife needs to report her income for the last 3 tax years.  Most likely, she will need to report 2018, 2019, and 2020 income for the I-864 to be filed for you and your child.  For the years that she filed joint tax returns with her ex-husband, she needs to determine what was her income and report only that amount for those years.  She should exclude her ex-husband's income.   

In addition, she would need to provide a complete copy or a tax transcript for the latest year - most likely 2020.  She does not need to provide tax returns for prior years.  She only has to report her income on the I-864 for those prior years.

Edited April 23, 2021 by aaron2020

[Boiler 43,595]

If you have just filed should have the 2021 for your interview.