Asked in Immigration Law and Tax Law for Florida

Q: hello, i need help sponsoring my foreign spouse

i, the sponsor and household member have a combined income to meet the minimum required amount to sponsor a relative but both of us weren't required to file taxes since i started a job late December 2020 with first paycheck in January while the household member started a job in November and his total earned salary in 2020 was only 2400$ so by law we were not required to file taxes, we prepared a statement for the both of us explaining why, and got an EVL and paystubs for both as proof of current income and household member's w2 as proof that he did not make enough in 2020, so will that be enough for the NVC to approve our case?

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4 Lawyer Answers
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: If you are just starting your sponsoring process then it will be months before you get to NVC level so you will hopefully have more evidence of stable income and employment by then. If you are at NVC level now and submit what you have, NVC will let you know whether they think you and your household member qualify to sponsor or not BUT the ultimate decision will be made during the immigrant visa interview at the Embassy. Hopefully by then, you and the household member will have proof of at least a year of stable and sufficient income and employment and maybe even a tax return to support that. If not, I'd recommend you consult an immigration attorney to discuss additional solutions. Best wishes!

Stephen Arnold Black agrees with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: More information is needed. However, if you received a fee bill, paid, are 'now' being asked to file the affidavit of support at the National Visa Center, then it is likely that you will need a joint sponsor to complete a second affidavit of support. You ought to seek assistance with a competent immigration attorney or not for profit that handles immigration matters, where you qualify for such assistance based upon your income.

The above is general information, not legal advice, and does not create an attorney client relationship.

Elizabeth Calderon
Elizabeth Calderon
Answered
  • Immigration Law Lawyer
  • BRONXVILLE, NY

A: Even if you did not file taxes in 2020, you can still sponsor your spouse with assistance from a friend or family member willing to allow you to submit their past two IRS returns and sign a statement of financial sponsorship.

Elizabeth Calderon
Elizabeth Calderon
Answered
  • Immigration Law Lawyer
  • BRONXVILLE, NY

A: Even though you and your spouse did not file an IRS return, you can ask a friend or family member who is a US citizen to join you and submit their past two years IRS return and sign an I-864 financial sponsorship.

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