Is it possible to file AoS for spouse when I haven't paid my 2018 taxes?

[serene_chapter 0]

Hi,

 

I hope this question is allowed.

 

I my spouse has a treasury offset on his taxes and so if he files taxes, his refund gets taken away.

 

He hasn't filed 2018 and 2019 taxes for this reason- he did file an extension for 2018 and will file one for 2019. He should be able to file his taxes in October when his student loans will be out of default, but we are worried that by then, the increase in costs will be finalized and that will set us back.

 

I'd like to ask if he can still file an AoS petition for me even though he can't submit the tax returns for the past 3 years.

 

I'd appreciate any guidance.

 

Thanks

[Crazy Cat 42,317]

He can't answer the I-864 questions if he hasn't filed his taxes........and his 2018 taxes are way overdue......

[dwheels76 5,469]

Until he files your petition will not move from NVC. That I-864 must be complete by the petitioner regardless if he has a joint sponsor.

[payxibka 10,047]

On 3/2/2020 at 3:01 PM, serene_chapter said:

Hi,

 

I hope this question is allowed.

 

I my spouse has a treasury offset on his taxes and so if he files taxes, his refund gets taken away.

 

He hasn't filed 2018 and 2019 taxes for this reason- he did file an extension for 2018 and will file one for 2019. He should be able to file his taxes in October when his student loans will be out of default, but we are worried that by then, the increase in costs will be finalized and that will set us back.

 

I'd like to ask if he can still file an AoS petition for me even though he can't submit the tax returns for the past 3 years.

 

I'd appreciate any guidance.

 

Thanks

Not stopping you from from filing,  but will be impactful on your ability to be approved