If Iam using a co-sponsor, It Is estrictly necessary

[malego77 2]

My husband doesn't have any income tax (from any year). If we are using a co-sponsor, it is estrictly necessary to send an Income tax from the most recent year (income from petitioner sponsor)?? It would be 2007 year, but now we have a big problem for fill it out due to economic problems.

What do you think??

[YuAndDan 153]

When adjusting status, US Citizen Spouse MUST file I-864 as primary sponsor, He MUST provide copy past year's IRS return, of a solid reason why a return was not filed.

If he worked last year, then file a 2007 return, and attach a copy of that return to the I-864.

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

http://www.uscis.gov/files/form/I-864.pdf (Page 8) Edited February 9, 2008 by YuAndDan

[malego77 2]

When adjusting status, US Citizen Spouse MUST file I-864 as primary sponsor, He MUST provide copy past year's IRS return, of a solid reason why a return was not filed.

If he worked last year, then file a 2007 return, and attach a copy of that return to the I-864.

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

http://www.uscis.gov/files/form/I-864.pdf (Page 8)

Thank you YouAndDan, the problem is that he had not worked the previous years. So, we use a co-sponsor but now we get a RFE asking for I-864 from petitioner but it doesn't say anithing about income tax from petitioner (I know that the I-864 for itself must include that) , and I afraid that if he fills his income from 2007 it will affect aside to help to get the GC. He worked for two months in a part-time job, so I am worried...

[YuAndDan 153]

Thank you YouAndDan, the problem is that he had not worked the previous years. So, we use a co-sponsor but now we get a RFE asking for I-864 from petitioner but it doesn't say anithing about income tax from petitioner (I know that the I-864 for itself must include that) , and I afraid that if he fills his income from 2007 it will affect aside to help to get the GC. He worked for two months in a part-time job, so I am worried...

This will not cause a problem, primary can be well below the poverty line as long as the joint sponsor is above the 125% line.

[malego77 2]

Thank you YouAndDan, the problem is that he had not worked the previous years. So, we use a co-sponsor but now we get a RFE asking for I-864 from petitioner but it doesn't say anithing about income tax from petitioner (I know that the I-864 for itself must include that) , and I afraid that if he fills his income from 2007 it will affect aside to help to get the GC. He worked for two months in a part-time job, so I am worried...

This will not cause a problem, primary can be well below the poverty line as long as the joint sponsor is above the 125% line.

Do you think that it's Ok only send the explanation letter for said why there weren't any income tax for previous years? Due to the period for fill out the income tax for 2007 is "early" yet (it finish April 15, right?). Maybe Iam searching an excuse for not fill out the 2007 now... Sorry if I sound like a necious person, maybe my mind doesn't want to accept... I don't know

Thank a lot for your patience.

[YuAndDan 153]

Thank you YouAndDan, the problem is that he had not worked the previous years. So, we use a co-sponsor but now we get a RFE asking for I-864 from petitioner but it doesn't say anithing about income tax from petitioner (I know that the I-864 for itself must include that) , and I afraid that if he fills his income from 2007 it will affect aside to help to get the GC. He worked for two months in a part-time job, so I am worried...

This will not cause a problem, primary can be well below the poverty line as long as the joint sponsor is above the 125% line.

Do you think that it's Ok only send the explanation letter for said why there weren't any income tax for previous years? Due to the period for fill out the income tax for 2007 is "early" yet (it finish April 15, right?). Maybe Iam searching an excuse for not fill out the 2007 now... Sorry if I sound like a necious person, maybe my mind doesn't want to accept... I don't know

Thank a lot for your patience.

In is never too early to file returns, they do not need to be filed on the deadline, as soon as have all tax forms like W2s, and 1099, you can file.