I-864/Taxes Question

[kevecca 2]

Hi! This is my first post on this forum, so please forgive me if I make any grave errors!

Some backstory before the question:

My partner and I are filing DCF London, but are both from Canada. My husband (Dual US/Canadian) has never lived or worked in the US, we are both living in the UK for the past year but prior to this he has lived in Canada his whole life (American born abroad). His dad lives and works in the US and if successful we will be moving in with him in order to get settled in the states, and then my husband will be applying to schools in the US for his PHD.

We are both young, and until last year have both been students. I would say that the most my husband has made in any year of his life is ~ 1000 Canadian dollars.

His dad will be filing the I-864 for me, and earns well above the limit. My husband will also be filing the I-864, and will have essentially no funds to show for it. He has never filed US taxes, ever. A couple weeks ago he back-filed for 2015 tax year and we are planning to include this in his I-864. Will this be an issue? Should he or is it possible to back file for more years? His dad has provided all the necessary documents, including the last two years of his taxes.

In addition, we got his dad to fill out the normal I-864 (the exact same one my husband is filling out) as opposed to any of the sub forms, as he alone will be the only one eligible to provide the 125% of the proof. Is this correct or should he be filling out one of the sub forms? I've seen examples both ways.

Thank you!

[RodDetroit 118]

his dad I864 application should be enough, include a letter explaining the situation. as long as you 2 dont be because a charge for the US ( like applying for welfare or food stamps) and have clean criminal records you should be ok.

[kevecca 2]

his dad I864 application should be enough, include a letter explaining the situation. as long as you 2 dont be because a charge for the US ( like applying for welfare or food stamps) and have clean criminal records you should be ok.

Thanks for your help! Oh for sure - we definitely make enough to support ourselves, we've just been living the student life for a while. Our 2016 taxes will show an actual adult/non student income.

Oh.. I guess maybe I should add to this - I do have student loans. It's about ~30k Canadian from the gov. of canada. I'm not paying them back right now because I make under the threshold that you have to and qualify for assistance. Will this have any bearing on this?

[canadanyc 20]

I'm pretty sure that student loans in Canada won't be an issue, because the burden of proof for financials lies with the USC, or in your case, his father. You may have to list your income for your current job, but I don't think at any point you'll be asked about debts or assets. Even on my fiance's affidavit form there was no question about debts, other than a mortgage.

good luck!