QUESTION
What evidence do I provide regarding taxes for form I-864 Affidavit of Support?
Asked on Jun 16th, 2023 on Immigration - New York
More details to this question:
I lived abroad until January of year. However, I am a U.S. citizen, born in New York and lived half my life in the U.S. I lived the rest overseas, returns to the U.S. for school and returned overseas and got married. I never made much money abroad,and did not file taxes while abroad. I have now returned to the U.S. due to a job opportunity, which has me making quite a bit more money. When I lived abroad, I did not make enough to declaration taxes; the government does not require any record of income until a certain threshold is met, and only requires payment after a further threshold is met. I reached the threshold to declare, but not far enough to pay, last year. Now that I am here, I arrived with my wife, and we are filing form I-485, after having filed form I-130. I am filling out form I-864 affidavit of support, but I do not have any records to provide. How do I respond to this part of the form?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
On taxes, you will have to fill out the I-864 and attach a statement as to why you have been exempt from the filing of US taxes. Given the fact that you have not been filing, you should find a joint sponsor to file another I-864 support affidavit unless you have sufficient liquid assets to cover the amount required to sponsor your spouse (I assume that this is for your spouse as children of US citizens are generally US citizens by birth and do not require sponsorship). For that, you would have to look at the poverty guidelines on form I-864P to ensure that you have sufficient assets (three times the required amount). Presentation of job letter, payslips, and non-liquid assets may assist in swaying an immigration officer of whether you are fully capable of supporting your wife and other members of your household. In the event that you are uncertain on this point, you may ask a close friend or relative to file a joint I-864 for your wife. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.
Answered on Jul 15th, 2023 at 9:31 AM