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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Hi all,

My now husband came over on a K-1 fiance visa and we married within 2 weeks of his arrival. We are now filing for his AOS and I am wondering what to put on form I-864 under the last three years tax returns as I do not have 3 years of tax returns. I have just graduated from a 4 year college in may and just turned 22 in august. I do have a job and we have two other sponsors for him Which puts the full income amount to be sponsoring him at over $200,000/yr. so he has well over the poverty guidelines of support. I am only Filling out the form because I am the petitioner. The only information I can provide on how much I make is copies of my pay stubs, is this sufficient? and do I tick that I do NOT have three years of tax returns? any useful info would be appreciated

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Posted

If you were not required to file taxes, then you will need to send in a statement explaining the reason you did not file tax returns for the past 3 years. Please note that being a student is not a good enough reason - you will need to show you made less than the amount necessary for filing taxes.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

Fill in the info you do have and put "n/a" for those years you did not file. Write a letter explaining the reason you did not file was because your income was too low. When the reason for not filing was low income they do not require anything other than your statement of that; however you may choose to include proof of that. (Although, you can't really prove no income, so maybe not worth trying.)

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

When I submitted the AOS for my husband I only had 1 tax return, which did not show my income as much since it was for only part of a year. I also submitted a letter stating that I was a full-time student and did not have income in order to file taxes during the two years that I didn't have tax returns. We had a co-sponsor and I submitted all their information and we had no problems at all. For the co-sponsor I submitted pay records for the most recent year, three years tax returns and proof of the co-sponsor's employment such as full-time, job title and years employed with the company.

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