From I864, no tax return

[glennw84 9]

Hello all

My spouse is sponsoring me for my adjustment of status and we are about to send out all our forms. However we came across one problem. When filing I864 it asks for tax returns. We both lived abroad for the past three years and my spouse did not know he had to file taxes living abroad.

As he didn't make over 101000 dollars a year he doesn't have to pay any taxes, but still should have filed them anyway. What should we do now? Can we file the form with a statement as to why there is no tax return and hoping that the current imcome of my spouse is sufficient for them? Together with a letter from his current employer.

We already called the IRS a couple times, never got a competent employee on the line. All they said was "well you should have filed them". Helpful!

We could file them now as there is an exemption for filing taxes late if you have lived abroad, but I'm afraid this is going to take a lot of time.

I really want to file everything ASAP as I am going crazy not being able to work and not knowing when I will be able to travel to visit my family at home.

Thanks for the help

[EM_Vandaveer 2,408]

He can file them now.

He'll need to. An explanation saying he didn't know he had to file won't cut it with USCIS.

[Georgia16 2,858]

As said above ... He has to file them and after that then you can submit your package.

[glennw84 9]

Thanks for the reply.

Could I apply for now already to get my work permit and then send in the tax returns later? I can also add my mother-in-law as a financial sponsor with a 864a if that would help.