I-864 dont cut it...

[counicoune 2]

My husband and I have a son so our household will have 3 persons in it. He doesnt make the 125% above poverty line (he does 115%) so we need another sponsor which we can find no problem. But could it delay the IR-1? couls it cause issue? Anyone ever had to do that?

Also my husband has been in Canada with me since 2011... he cant produce a copy of the last 3 years of his tax return since he didnt create any since he was not in USA nor working (we were waiting for HIS visa in Canada and it just never happened after 2,5 years and 2 700$... but that's another issue) So what do we do if we cant produce those tax return copy?

Edited May 28, 2014 by counicoune

[dwheels76 5,468]

My husband and I have a son so our household will have 3 persons in it. He doesnt make the 125% above poverty line (he does 115%) so we need another sponsor which we can find no problem. But could it delay the IR-1? couls it cause issue? Anyone ever had to do that?

Also my husband has been in Canada with me since 2011... he cant produce a copy of the last 3 years of his tax return since he didnt create any since he was not in USA nor working (we were waiting for HIS visa in Canada and it just never happened after 2,5 years and 2 700$... but that's another issue) So what do we do if we cant produce those tax return copy?

It doesn't delay anything. Your husband submits all his I-864 information and documents with the cosponsors documents to NVC.

He is still required to file his taxes regardless he is out the country earning income.

he need to file last 3 years then you can submit your I-864 at NVC.

[counicoune 2]

Thanks for your answer Dwheels While he was out of USA in Canada he didnt have any income in USA nor any property nor was he a dependent of anyone in USA, are you sure he still have to files his taxes? We did his taxes in Canada for 2012 and 2013, but with 0 income as he couldnt work without a visa. When I read the information for the I-864 they say to explain if there was no taxes return for the last 3 years why he was not required to file... you think we should do them regardless? If so I am not gonna wait for the NVC and will do it right now.

[nightingalejules 678]

You should be able to just submit a letter explaining that as your husband had $0 income he was not required to file US taxes, but then provide paystubs and/or a letter from his current employer to prove current income (if you state he now makes 115% of poverty line, I'm assuming he has returned to the US to work and prove domicile and get ready for you to come).

As long as your joint sponsor has sufficient income to qualify, and you send both sets of documents with your AOS package, it shouldn't cause any delays.

[Lakehouse 293]

My husband and I have a son so our household will have 3 persons in it. He doesnt make the 125% above poverty line (he does 115%) so we need another sponsor which we can find no problem. But could it delay the IR-1? couls it cause issue? Anyone ever had to do that?

Also my husband has been in Canada with me since 2011... he cant produce a copy of the last 3 years of his tax return since he didnt create any since he was not in USA nor working (we were waiting for HIS visa in Canada and it just never happened after 2,5 years and 2 700$... but that's another issue) So what do we do if we cant produce those tax return copy?

Maybe you could clarify... you mention your husband didn't file US taxes as he had no US income (and the advice already given sounds good, ie letters explaining why he didn't have to file), however, I'm confused as now you say he makes 115% of the poverty line... is that US income? or Canadian income?

If it's US income, then he'll have to file taxes for whatever year that's from... maybe it's only current income and won't be an issue until next year's taxes.

If it's Canadian income, it doesn't count for the I864/AOS, unless that income will continue from the same source once he's in the US.

ps. We also had my US husband immigrate to Canada first and know what it's like to have him not work . He did however file his US taxes regardless

So sorry the immigration to Canada didn't go so well for you guys!!

[counicoune 2]

Thanks for your answers Lakehouse and Jules He is back in USA since January 2014 and works since then, but previously he was in Canada since 2011 and obviously didnt work in USA during that time, so he didnt file any taxes for those years... Next year he'll do his taxes for 2014, but it wont do any good for now.

Edited May 29, 2014 by counicoune

[snugglebug2014 0]

Thanks for your answers Lakehouse and Jules He is back in USA since January 2014 and works since then, but previously he was in Canada since 2011 and obviously didnt work in USA during that time, so he didnt file any taxes for those years... Next year he'll do his taxes for 2014, but it wont do any good for now.

Do you know if the household members includes my overseas husband im filing petition for or just the amount of people currently living in the house?

[counicoune 2]

Well if you are petitioning for your husband I am assuming you must include him since you need to sponsor him right?