Citizen has not filed taxes

There is good news and bad news on this but mostly good news. Your husband needs to submit the last year of taxes along with the affidavit of support if he worked in the last year. If his taxes are insufficient, you will need a co-sponsor who will submit their taxes and an affidavit of support. Clearly, if someone is self employed and they make a baseline amount of $400.00, they must file taxes. It shouldn't be too burdensome for your spouse to file taxes for one year. The other nineteen years don't have anything to do with immigration but, if he made more than $400 (2008 data) he should have filed taxes and would answer to IRS not USCIS for that.

Another issue that I see coming up on a case like this is that if he does not keep financial records, it would be difficult to show that you two have mixed your finances which helps show a bona fide marriage.

I hope this helps,

Let me know if you have more questions.

Regards,

Thad Servi, Esquire
Vazquez & Servi, P.C.
3190 Northeast Expressway, Suite 330
Atlanta, Georgia 30341
Phone: 678-303-0018
Facsimile: 678-303-0021
www.imlaw.us

The information stated by the last poster is important. Here is an additional consideration.

Many people who consider themselves to be "self-employed" have structured their business as a solely-owned corporation from which they draw a salary and for which the company issues a Form W-2. If this may apply to your husband, and if he filed taxes individually but did not file a tax return for his business, then the individual tax returns may be sufficient.

In marriage-based adjustment of status cases, the U.S. citizen spouse's tax returns principally are important for three separate reasons: (a) part of the proof that his earnings are sufficient for the Affidavit of Support requirements; (b) proof that he did not identify himself as "single" or "head of household" during a time when he was married; and (c) evidence of his residential address -- which should be consistent with evidence of the applicant's own residential address.

[Note: Consistent with Avvo policy, this communication is intended as general information and not as specific legal advice, and this communication does not create an attorney-client relationship.

David N. Soloway
Frazier, Soloway & Poorak, PC
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404/320-7000 877-232-5352 dsoloway@fspklaw.com


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