IRS Tax Returns Affivadavit of Support

[Greg&Hayz 1]

Just a minor question about tax returns,my husband is filling for i-130, it says on the Affidavit of support that the sponsor must include recent or 3 years of tax return or transcript. As of 2007 he got a job he was unemployed for awhile and he did not file taxes since he made less than 3k on 2005 and 2006, so I was the one working for the both of us, Can we just use his most recent tax year as a proof that he can take care of me financially? His salary is way above poverty line would that sufficient proof that he is capable of taking care of me?

[trailmix 77]

Just a minor question about tax returns,my husband is filling for i-130, it says on the Affidavit of support that the sponsor must include recent or 3 years of tax return or transcript. As of 2007 he got a job he was unemployed for awhile and he did not file taxes since he made less than 3k on 2005 and 2006, so I was the one working for the both of us, Can we just use his most recent tax year as a proof that he can take care of me financially? His salary is way above poverty line would that sufficient proof that he is capable of taking care of me?

Hi!

Aside from providing his IRS transcript for 2007 you will also need to:

1. Supply a letter stating why he did not file for 2005 and 2006 - something along the lines of, I did not file taxes for 2005 as my income was below the threshold required for filing taxes that year.

The sponsor must submit with the Form I-864 the sponsor’s U.S. Federal income tax return for the most recent tax year (that is, the completed tax year immediately preceding the date the sponsor signs the Form I-864). USCIS may generally expect a sponsor, after April 15 of any given year (or April 16 or 17, in a year in which April 15 is on a Saturday or Sunday), to have completed his or her tax return for the previous year. If the sponsor requested an extension, the sponsor should provide proof of filing for the extension. If the sponsor did not file a tax return, the sponsor must prove that he or she was not required to file. If a sponsor should have filed, the sponsor must file retroactively and provide proof of filing. Note that U.S. citizens generally have an obligation to file a tax return on non-U.S. earnings even if there was no tax liability. link

2. A letter from his current employer, stating his annual earnings and that the job is a permanent full time position. At least 3 recent pay stubs.

3. This third item is optional - but it can't hurt. They don't just look at the last year to say - hey, he can support the new immigrant - they look at history. While this may not prohibit him from sponsoring you, it will not hurt for him to explain in a note, perhaps with the note he is sending as to why he didn't file, an explanation of why he was not employed (if it is a good reason) - for instance if he was a student.

Edited September 22, 2008 by trailmix

[Greg&Hayz 1]

Just a minor question about tax returns,my husband is filling for i-130, it says on the Affidavit of support that the sponsor must include recent or 3 years of tax return or transcript. As of 2007 he got a job he was unemployed for awhile and he did not file taxes since he made less than 3k on 2005 and 2006, so I was the one working for the both of us, Can we just use his most recent tax year as a proof that he can take care of me financially? His salary is way above poverty line would that sufficient proof that he is capable of taking care of me?

Hi!

Aside from providing his IRS transcript for 2007 you will also need to:

1. Supply a letter stating why he did not file for 2005 and 2006 - something along the lines of, I did not file taxes for 2005 as my income was below the threshold required for filing taxes that year.

The sponsor must submit with the Form I-864 the sponsor’s U.S. Federal income tax return for the most recent tax year (that is, the completed tax year immediately preceding the date the sponsor signs the Form I-864). USCIS may generally expect a sponsor, after April 15 of any given year (or April 16 or 17, in a year in which April 15 is on a Saturday or Sunday), to have completed his or her tax return for the previous year. If the sponsor requested an extension, the sponsor should provide proof of filing for the extension. If the sponsor did not file a tax return, the sponsor must prove that he or she was not required to file. If a sponsor should have filed, the sponsor must file retroactively and provide proof of filing. Note that U.S. citizens generally have an obligation to file a tax return on non-U.S. earnings even if there was no tax liability. link

2. A letter from his current employer, stating his annual earnings and that the job is a permanent full time position. At least 3 recent pay stubs.

3. This third item is optional - but it can't hurt. They don't just look at the last year to say - hey, he can support the new immigrant - they look at history. While this may not prohibit him from sponsoring you, it will not hurt for him to explain in a note, perhaps with the note he is sending as to why he didn't file, an explanation of why he was not employed (if it is a good reason) - for instance if he was a student.

THANK YOU FOR YOUR PROMPT REPLY!