no federal tax returns

[gwendolyn40 3]

I hope someone can help with this issue as it really confused us..My husband has not filed federal tax returns from 2009 up to 2011. He used to work in a good company and received high salary as he is an Associate Electronics Engineer. 2009 he was admitted in ICU due to H1N1 and Severe ARDS. It almost killed him he suffered brain damage and a lot of complications I won't reiterate the details. An insurance company was paying him while he was jobless but the insurance stopped paying last Aug. 2011. He was out of work until this January 2012. My question is - Can my husband still qualify to sponsor me even without the federal tax returns? His current salary is very good. What do we need to furnish in replacement for the tax returns?

Thank you very much for taking time to read!

God bless ....

Edited July 12, 2012 by gwendolyn40

[sjr09 155]

A return(s) is required or a legal justification for non-filing, The illness would qualify as .justification (detailed letter explaining illness) for the years not filed. Insurance can count as income assets may help meet AOS requirements Under the circumstance the last 6mo of working may help(?), providing what he would make per-year meets the poverty guidelines. Look into securing co-sponsor as a back up, if needed.

[gwendolyn40 3]

A return(s) is required or a legal justification for non-filing, The illness would qualify as .justification (detailed letter explaining illness) for the years not filed. Insurance can count as income assets may help meet AOS requirements Under the circumstance the last 6mo of working may help(?), providing what he would make per-year meets the poverty guidelines. Look into securing co-sponsor as a back up, if needed.

Thank you...His income for the six months even surpassed the poverty guidelines... I hope this would help too. Again thank you, this uplifts my hope again!

[pushbrk 12,883]

Thank you...His income for the six months even surpassed the poverty guidelines... I hope this would help too. Again thank you, this uplifts my hope again!

The above is not relevant. Current income is calculated by annualizing going forward. So, somebody making $5,000 a month today has a "current income of $60,000 regardless of how much they made so far this year.

If your spouse was required to file tax returns for any year, then they must be filed. Filing late is not a problem. If there was a year he was not legally required to file, they he can state the reason. "Illness" is not a justification for not filing but having an income below the required filing threshold would be. He should consult a tax professional about whether he was required to file.

[sjr09 155]

Agree! "Illness is not a justification for not filing in it's self." From the OP's statement I'm assuming the illness left him unable to work with no income, or was below filing threshold.

Agree! He should consult a tax professional about whether he was required to file.

Thanks for pointing that out.

[gwendolyn40 3]

Agree! "Illness is not a justification for not filing in it's self." From the OP's statement I'm assuming the illness left him unable to work with no income, or was below filing threshold.

Agree! He should consult a tax professional about whether he was required to file.

Thanks for pointing that out.

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....he is working on the federal taxes now ..as I read that the I-864 is incomplete without the tax returns. Thank you for your input. It Helps.. :-)

[pushbrk 12,883]

....he is working on the federal taxes now ..as I read that the I-864 is incomplete without the tax returns. Thank you for your input. It Helps.. :-)

The I-864 itself is incomplete without information from three tax returns or a reason why one or more returns were not required to be filed. The I-864 package requires at least a complete copy of the 2011 tax return or an official tax return transcript for 2011. All that is about past income. Current income is a separate matter that should also be documented.

[gwendolyn40 3]

The I-864 itself is incomplete without information from three tax returns or a reason why one or more returns were not required to be filed. The I-864 package requires at least a complete copy of the 2011 tax return or an official tax return transcript for 2011. All that is about past income. Current income is a separate matter that should also be documented.

Thank you..but what if a USC could not file because he has financial issues? Can we just use 2008 tax return and present a current employment proof and paystubs? Just wondering because he has $10,000 taxable income from the insurance money he received for less than 2 years.

[Darnell 8,478]

have him write a letter of attestation about his income for those years where he was ill and not working.

[pushbrk 12,883]

Thank you..but what if a USC could not file because he has financial issues? Can we just use 2008 tax return and present a current employment proof and paystubs? Just wondering because he has $10,000 taxable income from the insurance money he received for less than 2 years.

I'm sorry but neither I, the IRS, USCIS, NVC or the Consular officer will have a clue what you mean by "could not file because he has financial issues". If he had income above the threshold to require filing, he must file. He can file late. If by "financial issues" you mean he couldn't afford to file the returns or was hiding something, neither is an excuse. What do you mean, "could not file because he has financial issues" ?