Filing AOS. Need help understanding tax requirements

[yuruioh 4]

I am currently in the process of filing aos for my now wife after bringing her to the US (when she was still my fiancee) on a k1 visa, but I am a little stuck. I currently have a job but I don't have the most recent 3 years of tax returns because I have only been working since 2020 and I did not file 2019 tax returns because of course I wasn't making enough to be required to file. I was also filed as a dependent on my parent's taxes, but I'm off their taxes now, requiring me to file tax return for 2020 (and of course 2021). 

 

Considering the I485's requirement to show the most recent 3 years of tax returns, I won't have the requirements to fulfill for the aos. Also, I know that I will need a joint sponsor, but my joint sponsor hasn't finished filing their recent tax returns for the past 3 years. What can I do? I really don't want to mess this up for my wife. 

 

Also, when filing tax returns, should I file jointly with my wife even though she doesn't work, and we weren't actually married until after the time the 2021 taxes were supposed to be submitted (which I think was late last year) 

[Crazy Cat 41,837]

You must submit a copy of tax documentation for the most recent tax year.  On the I-864, you must also show information from the last 3 most recent tax years.... or you must explain why you were not required to file taxes for any of those 3 most recent tax years.  You can either write a statement explaining why you were not required to file or you can write "income was below filing threshold " on the I-864 for each of those years your income was too low. 

 

 

[yuruioh 4]

9 minutes ago, Crazy Cat said:

You must submit a copy of tax documentation for the most recent tax year.  On the I-864, you must also show information from the last 3 most recent tax years.... or you must explain why you were not required to file taxes for any of those 3 most recent tax years.  You can either write a statement explaining why you were not required to file or you can write "income was below filing threshold " on the I-864 for each of those years your income was too low. 

 

 

So *I* only need to submit the tax return for the most recent tax year? And only my joint sponsor has to submit the most recent 3 years of tax returns? Sorry, you worded that a little strangely. Just making sure I understand.

Edited October 1, 2022 by yuruioh

[Timona 4,207]

If you made enough last year to sponsor your wife, you don't need a JS. 

 

And yiu cannot file last year's as joint if your wife and you weren't married as of December 31st 2021.

[yuruioh 4]

23 minutes ago, Timona said:

If you made enough last year to sponsor your wife, you don't need a JS. 

 

And yiu cannot file last year's as joint if your wife and you weren't married as of December 31st 2021.

Okay, so I can't file joint, but I was reading somewhere online that at aos interview, it would be seen as a red flag if I didn't file joint because it might be looked at as fraud and not a real marriage. Is this the case? Perhaps I would need to file joint on my 2022 taxes but I don't think that tax year has started yet if I understand correctly.

 

And I actually did not make enough to sponsor my wife (fiancee at that time) last year.

Edited October 1, 2022 by yuruioh

[usmsbow 801]

5 minutes ago, yuruioh said:

Okay, so I can't file joint, but I was reading somewhere online that at aos interview, it would be seen as a red flag if I didn't file joint because it might be looked at as fraud and not a real marriage. Is this the case? Perhaps I would need to file joint on my 2022 taxes but I don't think that tax year has started yet if I understand correctly.

 

And I actually did not make enough to sponsor my wife (fiancee at that time) last year.

 

It would be a red flag if you got married and didn't file a joint return after getting married. It sounds like you got married in 2022, so no red flag if you didn't file a joint return in a previous year.

 

And not to be pedantic, but the tax year has "started', but yes, you cannot file a 2022 tax return yet since it is still 2022.

[yuruioh 4]

11 minutes ago, usmsbow said:

 

It would be a red flag if you got married and didn't file a joint return after getting married. It sounds like you got married in 2022, so no red flag if you didn't file a joint return in a previous year.

 

And not to be pedantic, but the tax year has "started', but yes, you cannot file a 2022 tax return yet since it is still 2022.

No, it's fine thanks for clarifying the tax year thing to me. I'm still learning the whole tax thing so you clarifying it really helps. And yes, we got married in 2022.

[yuruioh 4]

26 minutes ago, usmsbow said:

 

It would be a red flag if you got married and didn't file a joint return after getting married. It sounds like you got married in 2022, so no red flag if you didn't file a joint return in a previous year.

 

And not to be pedantic, but the tax year has "started', but yes, you cannot file a 2022 tax return yet since it is still 2022.

I would however,  like to know if the green card will be denied if my joint sponsor doesn't have all 3 recent years of tax returns completed (they only have 1).

[Crazy Cat 41,837]

1 hour ago, yuruioh said:

I would however,  like to know if the green card will be denied if my joint sponsor doesn't have all 3 recent years of tax returns completed (they only have 1).

The requirements are same for primary sponsors and joint sponsors...exactly the same.

[Chancy 6,241]

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