Memphis, TN asked in Immigration Law for Tennessee

Q: What should my US citizen spouse do if he did not file his most recent 2nd and 3rd taxes on form i 864 due to no job?

For the past 2nd and 3rd year, my husband did not file taxes due to unemployment. In the past year he became an independent contractor as a realtor but our most recent joint tax returns did not meet the income requirement. He has a joint sponsor who meets the income requirements. Will his previous unemployment decrease chances of approval of AOS?

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1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: Your husband must still file an 864, despite that his income is not enough, and explain why he didn't file taxes. Also, you can enlist the joint sponsor and if he has sufficient income, as long as he is an LPR or US citizen. Keep in mind if you file after the 24th, the old forms are going to be new and the rules on what would qualify you under the old affidavit of support will be drastically altered and require a much higher burden of proof. I suggest you work with counsel anywhere in the USA to maximize your chances of success. Good luck.

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