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akb427

I-864 Sponsors Income Requirement

By akb427 in Adjustment of Status from Work, Student, & Tourist Visas

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akb427 Newbie

akb427   0

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Filed: F-1 Visa Country: Canada
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My husband and I both graduated university in 2020 but didn't get married til Summer 2021. I came from Canada on a F1 visa and did my 1 year OPT post graduation from Summer 2020 to 2021. My husband was in nursing school and didn't work while he was in school. We filed joint tax returns for 2021 and earned about $85,000. For part 6 on the I864, I have checked off that he has not filed tax returns for the past three years but the note underneath reads "You MUST attach a photocopy or transcript of your federal income tax return for only the most recent tax year". We are also willing to provide any proof (as checked off in Part 6, 25) that he was not required to file taxes for 2020 and 2019 due to him being in school and awaiting the NCLEX. He currently now has a stable job working as a registered nurse at a hospital and has a very secure career.

 

With that, are we able to submit the I864 form without a sponsor (I864-A)? If we are able to proceed without I864-A and need to provide proof that he wasn't required to file taxes for the two years, would school transcripts suffice, or should we file amended tax returns for those years indicating he was a student earning $0 income during his studies? 

 

Thank you in advance.

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