Q: How should one need to do file tax for sponsoring spouse?
My wife is US citizen and i was in F-1 visa when we got married in 2015.
I worked in 2017-2019 in uber without work permit. But, I was never out of my status.
I filed tax file in 2017 single(my wife filed with her parents in 2015-2017) and in 2018 I filed tax with my wife and son jointly.
I left USA in Oct-2019 and my wife applied for my petition in the same month.
My question is, we both work in 2019.
So for 2019, my wife needs to file tax individual (because I am out of the USA) or
she will file jointly with me (because I worked for 8 months in 2019)?
Which will be better for her for sponsoring me?
A:
Good Morning! In addition to showing your wifes income for the affidavit of support, filing joint taxes is additional supporting documents to show a bonafide marriage.
Though Im not a tax professional and this is not legal advise, I’ll say it will be beneficial to file jointly showing your 8months of income.
Additionally, your income will most likely boost the total household income which could a positive factor for approval.
Contact me If you need further guidance with this process. Marriage based adjustment of status or consulate processing is 80% of my practice and I Can help!
A: The fact that you worked without permission will not disqualify you from obtaining a green card through marriage to a US citizen. However, your income can’t count towards the minimum requirements of the i864 unless and until you have a work permit.
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