AOS package

[Nill 9]

Hello everyone,

thanks for reading the topic, here is my situation :

my husband had been a student overseas in the last 3 years and didn't have any income in the U.S. so he didn't file the tax returns for 2017,2016 and 2015.

at the end of February 2018 he started working in the USA and by now made the minimum wage, 

Do we still need a joint sponsor for this situation ? or my husband can cover the income with the current year?

  

[geowrian 22,337]

9 minutes ago, Nill said:

my husband had been a student overseas in the last 3 years and didn't have any income in the U.S. so he didn't file the tax returns for 2017,2016 and 2015.

USCs and LPRs are taxed on worldwide income, not just US-based income. If he made more than the minimum thresholds to be required to file, then he must file taxes before he is eligible to file an I-864.

Generally, one can use the FEIE and/or FTC credit to eliminate their tax liability on income earned while abroad.

If he had no income at all, or less income than the filing threshold, then he should provide a signed statement as to why he was not required to file.

 

Current income is king. That said, the CO looks at the totality of the circumstances to determine the public charge concern. Many people have had success with only income earned thew same year as they file.

Some embassies/consulates are more strict than others.

Making the minimum income level qualifies one to file an I-864. No income level ensures that will satisfy the CO.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Cyberfx1024 7,980]

2 hours ago, geowrian said:

USCs and LPRs are taxed on worldwide income, not just US-based income. If he made more than the minimum thresholds to be required to file, then he must file taxes before he is eligible to file an I-864.

Generally, one can use the FEIE and/or FTC credit to eliminate their tax liability on income earned while abroad.

If he had no income at all, or less income than the filing threshold, then he should provide a signed statement as to why he was not required to file.

 

Current income is king. That said, the CO looks at the totality of the circumstances to determine the public charge concern. Many people have had success with only income earned thew same year as they file.

Some embassies/consulates are more strict than others.

Making the minimum income level qualifies one to file an I-864. No income level ensures that will satisfy the CO.

As @geowrian said all LPR and USC have to file taxes every year even if living abroad. So he will need to file taxes for those periods or a signed statement why he didn't. Also if he is working and only making minimum wage then the total amount he makes a year might not be enough to make the threshold. So you might want to check that more thoroughly. 

[pushbrk 12,883]

If he had NO INCOME from any employment or business, he is not required to file tax returns.  Current income and current year income are not the same thing.  Minimum wage does not mean the same as meeting the minimum income requirements.

 

People with NO income who are petitioning a relative, are required to provide an I-864.  The only qualification is being a petitioner.

 

Yes, the public charge decision is always a judgment call.

 

Please clarify what the petitioner's current income is.  How much gross per pay period and how often are they paid?

[Nill 9]

Thank you so much for all your great information, we will follow your guidelines . Thank you for the responses.