How many years of tax returns are required for Affidavit of support?
If you choose to rely on income from the three most recent tax years, you must submit an IRS transcript or copy of your Federal individual income tax return.
How Many Years of Tax Returns Are Required? For Form I-864, the U.S government requires proof of tax filing for the most recent filing year (typically the previous calendar year). Note that the the sponsor (and co-sponsor if any) has the option to provide tax filings from the past 3 years.
IRS Tax Transcript
NVC strongly recommends the submission of tax transcripts since they typically provide the information necessary for an evaluation of completeness of the Affidavit of Support and result in more efficient processing.
For ALL sponsors:
A copy of your individual federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file.
The tax documents that USCIS will require you to present depend on the specific immigrant visa category you seek. The government may also request a copy of your tax returns and proof that you have paid taxes due.
All petitioners for immediate relative and family-preference immigrant case must submit Form I-864 and an IRS Tax Return Transcript of their most recent U.S. federal tax return. You must submit these forms even if your income does not meet the HHS guidelines and you plan to use a joint sponsor.
However, if one of them broke a tax law and didn't pay their income taxes without a genuine exemption from their tax obligations, they cannot be a sponsor for your green card application.
For a couple who live in the 48 contiguous states (mainland United States) and have no children, the required minimum annual income is currently $25,550. If income is too low, then assets can be used — but these assets must equal 5 times the difference between the joint sponsor's income and the minimum required income.
If you're petitioning to bring a family member who is living overseas to the United States, you will file your Affidavit of Support around the time that they submit their immigrant visa application (DS-260). The intending immigrant will also take an updated Affidavit of Support to their interview.
If You Have A Sponsor
If a sponsor funds your trip, you will still have to provide some show money through your bank statement. They will still want to confirm that you can support yourself financially unless, in the case of a minor or a student being sponsored by their parents.
Who is exempt from filing an affidavit of support?
Abused or battered spouses or children self-petitioning for U.S. green card under the Violence Against Women Act (VAWA) are also exempt from the I-864 Affidavit of Support requirement. Their approved Form I-360 will be sufficient proof of their exemption.
The minimum income requirement for sponsoring an immigrant ranges from $22,888 for a 2-person civilian household to $58,288 for an 8-person civilian household. The specific income required depends on the US Department of Health and Human Services (HHS) Federal Poverty Guidelines updated every year.
If you do not meet the financial qualifications at that time, you still must file a Form I-864, Affidavit of Support, and accept responsibility, but you and your relative also must find other individuals who meet the requirements and are willing to make this commitment by filing affidavits of support.
Tax documents such as the IRS 1040 and an associated Schedule C are preferred. For regular employment, the documents must show your gross income (total paid before taxes and payroll deductions), such as a W-2. Providing check stubs showing your earnings each quarter would also be helpful.
All petitioners for immediate relative and family-preference immigrant case must submit Form I-864 and either (1) an IRS-generated transcript of your most recent tax return (preferred) or (2) a copy of your tax return (Form 1040) for that year.
What if Your Green Card Sponsor Didn't File Their Taxes? If your sponsoring spouse or joint sponsor did not file their U.S. taxes in the latest year, they must provide an exemption letter with Form I-864 explaining their reason for not filing taxes.
The IRS and USCIS are separate and generally do not share information. The USCIS sometimes will request your tax returns, especially at the end of your Visa visit. This is a clearance process that ensures that you have filed tax returns (or if you have no income, then Form 8843 for your F, J, M or Q visa status).
USCIS does not limit the consideration of income only to income that appears on federal income tax forms, and considers all evidence of income from lawful sources. Examples of income that may not appear on income tax forms include child support and alimony.
However, there is no specific requirement that the sponsor has no back taxes owed or that they have paid them off in full before sponsoring a K1 visa applicant.
tax transcript from IRS from the most recent tax year and W2 (W2 is only required if the transcripts show “married filing jointly”) or, federal tax return 1040 from the most recent tax year and W2 regardless of whether tax return was jointly filed.
Does USCIS accept tax returns filing single when married?
If you are a married person, under NO circ*mstances may you use the filing status of SINGLE. If you are NOT a married person, you may NOT use either the MARRIED FILING JOINTLY or the MARRIED FILING SEPARATELY filing status.
An offense (unless committed by a parent or guardian) involving false imprisonment. Solicitation [of a minor] to engage in sexual conduct. Use [of a minor] in a sexual performance. Solicitation to practice prostitution.
A previous conviction can disqualify you from being able to sponsor someone for a green card, but not all offenses are viewed the same by USCIS. Only certain convictions will automatically bar a U.S. citizen from sponsoring a spouse or relative. Those offenses are ones that are committed against children.
Every green card holder will be taxed on the income they make both inside and outside the US. But the IRS lets you claim certain tax credits only available to US residents, so you can lower your tax bill. Key takeaways: Green card holders are US residents, and hence need to pay tax.
As stated previously, you must submit an IRS transcript or copy of your Federal individual income tax return for the most recent tax year. If you choose to rely on income from the three most recent tax years, you must submit an IRS transcript or copy of your Federal individual income tax return.
