Recieved RFE concerning form I-864 after applying for AOS at the same time as I-130

[Mimikinsie 0]

My husband and I got married last september and we finally sent the package containing the forms I-130 and AOS at the end of January. On February 3rd, I recieved a Request for Initial Evidence. As it turned out, we forgot to include the form I-864 in the package. So I printed the form and gave it to my husband (my sponsor) to file but the problem is that they ask for copies of tax returns and my husband hasn't filed his taxes in the last 3 years. He said he was going to file them as soon as possible but that he wouldn't be able to pay them since he has accumulated a pretty significant amount of back taxes due to some issues with his old bank which had to close and wasn't able to send him the proper documentation.

So my questions are: is the USCIS going to deny my AOS if my husband isn't able to pay his taxes at this time? Would it be okay for him to file his taxes for the last 3 years right now without paying them right away? Would we then be able to send the required documents to the USCIS before the 87 days limit expires (May 1st)? I have never filed taxes before so I don't know how long the whole process takes...

Any help would be greatly appreciated.

[aussie_jason 195]

He needs to file his taxes, to not file would be committing tax fraud especially as he owes. Once he files he will need to agree on a payment plan with the IRS. You may be able to get them filed in time and for that I would see a CPA (not just a tax preparer like H&R Block at the local mall) but I believe even if you got a joint sponsor he would still need them filed so you should be doing all you can yo get that fine ASAP.

[AnotherLostSoul 167]

If he didn't file, and should have, it is the time to get back in the good graces with the IRS. Once he is married, his tax problems, if any, also becomes your problems. Later down the road, you will have to show you are current with your taxes, and filed for the period since you became a LPR. Food for thought. If he didn't have to file, he (and you) will have to be able to show that is the case as well.

There is no way around this, your husband will be required to file his taxes before the US government proceeds with his request to issue you an invite to a possible GC. He wants something from the government, and the government wants something from him. Lets see who can hold out the longest on this.

[KayDeeCee 4,896]

Yes. He has to file or your AOS will be denied because he cannot provide what is required for the I-864. He can file the back taxes and work out a payment plan with the IRS. Whatever he owes does not all need to be paid off before filing the I-864. He just needs to file and be paying what is owed.