i had been married to a usa citizen for five years he is 100% can he still file for me if he had not been paying tax

A U. S. citizen who has not paid taxes can still sponsor a spouse for permanent residence, although he will have to show that he has a financial cosponsor who can pick up the support obligation of the I-864 affidavit of support. The 5 years that you have been married to the U. S. citizen is not a consideration as there is no statute of limitations as to when a citizen can apply for his spouse. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.