AFFIDAVIT OF SUPPORT Assist me please.

[DimitriFromAthens 0]

Greetings.

I am male,married to a US citizen since last January and we are finally filing papers for my green card.

The only problem i have is the affidavit of support.

I have a sponsor and he has signed the affidavit and gave me all the proofs that the immigration needs so he can be my sponsor.

My wife she cannot be my sponsor cause she was working on and off for the past three years and also she HAS NOT FILE TAXES for the last three years.

This wont happen until next fall (do not ask why its so complicated,even i did not get it) and i wanna know what my options are?

What can we do instead of sending her past 3 years taxes?

Is there anything else i can do,like a letter or something that will say that she does not have filed taxes so we cannot send that?

This is an emergency.

Thank you in advance.

[Cathi 5,794]

she must fie taxes, no way around it. She is your main sponsor.

[DimitriFromAthens 0]

I called the immigration and they said to me that there is another way in that case but they dont know exaclty what it is and i should find it.

I called 8 times and all 8 of em they told me the same thing.

Are you sure that the only way is to file taxes?

[DimitriFromAthens 0]

Greetings.

I am male,married to a US citizen since last January and we are finally filing papers for my green card.

The only problem i have is the affidavit of support.

I have a sponsor and he has signed the affidavit and gave me all the proofs that the immigration needs so he can be my sponsor.

My wife she cannot be my sponsor cause she was working on and off for the past three years and also she HAS NOT FILE TAXES for the last three years.

This wont happen until next fall (do not ask why its so complicated,even i did not get it) and i wanna know what my options are?

What can we do instead of sending her past 3 years taxes?

Is there anything else i can do,like a letter or something that will say that she does not have filed taxes so we cannot send that?

I called immigration and they told me that there is a way that this can be happen without her filing taxes for as long we provide immigration with the reason she did not file taxes or something like that.

Thank you in advance.

[aaron2020 11,651]

If she made more then the minimum reporting amount, then she MUST file her tax returns. No tax returns = no green card. She cannot send in a statement that she don't want to file or was not required to file tax returns.

If she made less than the reporting amount, she sends an signed statement that she wa not required to file.

By the way, there is no need for you to keep posting the same question multiple times. Once is enough.

Edited January 31, 2013 by aaron2020

[DimitriFromAthens 0]

Thank you.

[Roosha 51]

I called immigration and they told me that there is a way that this can be happen without her filing taxes for as long we provide immigration with the reason she did not file taxes or something like that.

There's your answer, if your wife was not required to file for the past three years b/c her income was too low or for whatever other reason, she needs to attach a letter explaining her situation and why she did not file and why she is not required to file. She should also include a copy of the IRS publication or tax law that details why she was exempt from filing.

HOWEVER if she was supposed to file and she didn't file then immigration won't accept that, she needs to file her taxes for the past three years and then submit those tax returns with the I-864 AOS form.

Have you started the process yet? You don't need the affidavit of support in the beginning, only after you get approved from USCIS, which usually takes about 5 months. Meaning if your wife hasn't filed the I-130 yet I suggest she does that, by the time you get that approved and the file is sent on to the next stage your wife should have figured out her tax situation.

[Penguin_ie 5,997]

**** Two topics on the same issue merged and a third without answers removed. Please do not post more than once on an issue/ question ****

[dwheels76 5,469]

Greetings.

I am male,married to a US citizen since last January and we are finally filing papers for my green card.

The only problem i have is the affidavit of support.

I have a sponsor and he has signed the affidavit and gave me all the proofs that the immigration needs so he can be my sponsor.

My wife she cannot be my sponsor cause she was working on and off for the past three years and also she HAS NOT FILE TAXES for the last three years.

This wont happen until next fall (do not ask why its so complicated,even i did not get it) and i wanna know what my options are?

What can we do instead of sending her past 3 years taxes?

Is there anything else i can do,like a letter or something that will say that she does not have filed taxes so we cannot send that?

This is an emergency.

Thank you in advance.

By the time you get to NVC and have to submit the affidavit of support you will need go update your co-sponsors documents. A current paystub for one.

Tell your wife to get her taxes filed now so when you get to next stage she has the tax transcripts. Why does she need to wait until fall to file? Let her know once at NVC you will be in a holding pattern until she gets her affairs in order.

Wish good luck.

Edited January 31, 2013 by dwheels76

[DimitriFromAthens 0]

There's your answer, if your wife was not required to file for the past three years b/c her income was too low or for whatever other reason, she needs to attach a letter explaining her situation and why she did not file and why she is not required to file. She should also include a copy of the IRS publication or tax law that details why she was exempt from filing.

HOWEVER if she was supposed to file and she didn't file then immigration won't accept that, she needs to file her taxes for the past three years and then submit those tax returns with the I-864 AOS form.

Have you started the process yet? You don't need the affidavit of support in the beginning, only after you get approved from USCIS, which usually takes about 5 months. Meaning if your wife hasn't filed the I-130 yet I suggest she does that, by the time you get that approved and the file is sent on to the next stage your wife should have figured out her tax situation.

So i can now send all the papers and including a letter that my wife has not file taxes yet and they will still arrange an appointment for me for fingerprints?

She will file taxes but in a few months for some complicated reason that i do not really get it.

[DimitriFromAthens 0]

So if i send all the papers like the I 130 photos the working permit application the biographics,photos,lease shared bank accounts ETC and my sponsors affidavit of support and of course themoney orders ($420, $1070) they will accept them and they will send back to me a receipt number and i will have a case?

Or they will send me all those papers back as an incomplete filing?

She will file taxes with her dad but they are waiting for the acountant and this will take few months thats why i am asking.

I just want to have my temporary woorking visa as soon as i can.

[Ms Hogan 295]

The Affidavit of Support does not come until later. You should be able to file the I-130 at this point but as other posters have mentioned you will need to have your wife complete her taxes right away so you're ready when you get to the next stage.

[milimelo 4,568]

This sounds like AOS from work, student tourist visa. Dimitri, where are you NOW? Are you in the US and if yes, on what visa did you enter?

[Roosha 51]

Exactly, it seems like the OP is already in the states and is applying for Adjustment Of Status. If that is the case then all of our advice is wrong. OP you need to fill in your timeline and be more clear about what exactly you're applying for so that you can get the right answers.

[pushbrk 13,125]

If she made more then the minimum reporting amount, then she MUST file her tax returns. No tax returns = no green card. She cannot send in a statement that she don't want to file or was not required to file tax returns.

If she made less than the reporting amount, she sends an signed statement that she wa not required to file.

By the way, there is no need for you to keep posting the same question multiple times. Once is enough.

The above contains conflicting statements.

First, she must determine whether she was required to file for each of the applicable years. If she was required to file for any of those years, she must do so. For any years she was NOT required to file (usually because of income below the filing threshold) then she can simply hand write, "Income below filing threshold." on the applicable line of the affidavit. She'll then sign the affidavit, so no need for a separate statement.

She MUST accurately and honestly execute a properly completed I-864.