Affidavit of support query

[Rob&Dawn 1]

Hoping someone on VJ will be able to help. Sorry this question has probably been asked/answered time & time again

Rob has a job, although he changed jobs recently, and he earns over the stated poverty figure + 20%. However he didn't file taxes last year for personnal reasons...

I did have an Uncle willing to co-sponsor but was told last night that he is withdrawing his offer of support, as he's just filed bankrupcy. I am trying to get hold of other relatives I have in US that may be willing to help but it's looking doubtful.

Is it going to cause a major problem if at interview I have the Affidavit of support from Rob along with employer letter & wage slips but no tax info?

I think i've seen somewhere that going through London they may be willing to self certify a certain amount?? I can show deeds to a house i own outright in NC and information on my Forces disability pensions that i receive monthly.

With all this in mind am i still best trying to get a co-sponsor?? Other alternative is trying to get his taxes filed late and paying whatever penalties they decide?

Thanks

[lucyrich 20]

Yes, that will be a problem. US law requires that all US citizens living anywhere in the world file tax returns unless their income falls below a threshold. The threshold for filing taxes is much lower than the poverty guidelines. The affidavit of support is required, and as part of the affidavit of support process he'll be required to either show US tax returns or demonstrate why he wasn't legally required to file his tax returns, citing the IRS code or regulation that allows him to legally avoid filing tax returns.

There may be possibilities I'm not aware of, but I think the only legally valid reasons for not filing tax returns are either living abroad without any claim to US Citizenship or not meeting the tax filing income guidelines. If either of these are his reasons, then he won't be eligible to sponsor you. If he IS a US Citizen who makes more than the poverty guidelines, then I believe he's required to file taxes, and "personal reasons" won't cut it with the USCIS, Department of State, or IRS. He'll have to file his taxes before they'll accept the affidavit of support.

If I'm mistaken and there's a legal way he can make 20% over the poverty guidelines while legally avoiding tax filings, then he'll at least need to know what section of the law allows him to do this.

It's probably easier just to file the returns ASAP, even if not absolutely required. Anyone who isn't required to file a return probably doesn't owe a huge amount of tax anyway. And if he does owe taxes, they're eventually going to find him, and it'll be cheaper for him if he files sooner rather than later. Even if he can't afford to pay the full amount he owes, the sooner he gets on a payment plan, the cheaper it'll be in the long run.

[Rob&Dawn 1]

Thanks

He has contacted the IRS to get all this sorted out! And will be filing his taxes later this week early next, so hopefully it will be done in time to sponsor me.

Luckily i have a cousin who is willing to sponsor me if all else fails!