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Mayla.S

Will I be able to petition for my spouse without a 3 year tax return?

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Filed: Other Timeline

I recently got married to someone from a different country and plan to file a petition for them to enter the U.S.

In a book about immigration and marriages I read that tax returns for the previous 3 years from the date that you begin the paper work would have to be shown, but then I also read that if your total earnings don't completely meet requirements a sponsor can be used.

I only have a one tax return, not 3. Can a sponsors tax return be used while filing? Or can I not file without having 3 years of tax returns?

Thank you for your help.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

3 years worth of tax returns are not required. If you were required to file tax returns in any of the 3 preceeding years and did not, then you must take care of that. If you were not required to file tax returns then you just include a letter to that effect. See the form I-864 instructions, p. 8 for more information.

If you do not qualify based on income then you would need to secure a joint/co-sponsor.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: IR-1/CR-1 Visa Country: China
Timeline

The book yer using prolly doesn't cover this --> http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

so plan accordingly

and

remember - the 'affadavit of support' really is not evaluated until a few days before interview day, at the embassy, by a Consular Official - and that timetick can be anywhere from 6 to 18 months past yer original filing date.

IMO, you'll have a new tax year to worry about, as well.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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