Do I need to file back-taxes before filing for the G-325 and I-130?

Asked about 1 year ago - Fort Lauderdale, FL

I have been working little these past few years as a nanny and traveling abroad for half the year in India. I haven't been filing taxes for the past couple of years because I haven't been making very much here at all, meaning less than $7,000 last year. The year before was much less with some bad luck.

I am feeling pressure to settle these tax issues immediately, file back-taxes, before applying for the I-130. Is it totally necessary at this point or can I just list what my sources of income have been these last few years?

My husband works here legally under an E2 visa with a local business, so his issues are quite clean and self-sufficient.


Additional information

I am a US citizen filing for my spouse.

Attorney answers (4)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree


    Answered . You are not required to file tax returns if your income was below a certain "threshold" amount. Based on your facts your income of the last few years seems to fall under that. Talk to an accountant. In your situation, given that your income for the last year is less than around $16,000 needed to fulfill the financial affidavit of support requirement , whether you now file tax returns or not you will still need a co-sponsor to file an additional affidavit, UNLESS you can include your husband's income, since it was lawfully earned (he is an E-2 worker) AND you two have resided in the same household for the last 6 months. If that is not the case, you'll need a co-sponsor.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Shahzad Ahmed

    Contributor Level 14


    Lawyers agree


    Answered . Hello Ma'am. If you were not legally required to file taxes, then you need not file now for immigraiton purposes. But you will have to provide a written explanation. There will be other questions and issues along the way, so I highly advise hiring an experienced immigration expert. Best regards,

  3. Kevin Lawrence Dixler


    Contributor Level 20


    Lawyers agree


    Answered . No, but you will need to prove that you do not need to file taxes to the satisfaction of a USCIS adjudicator. Your husband can use his income to prove income if you were filing a joint income tax return with him.

    If not, then this can get complicated and the USCIS may require what is called a joint sponsor, who is a US citizen or lawful permanent resident.

    You should consider hiring a competent and experienced attorney to help you with the process. If denied, you will both have to pay the filing fees, again. The repayment of the $1490 filing fee is significant!

    This is general information, not legal advice, and does not create an attorney client relationship.
  4. Stefanie Y Parchment

    Contributor Level 9

    Answered . Even if you were not legally obligated to file taxes due to your low income, for the purposes of applying for your husband's adjustment of status, it would be more efficient to file the back taxes. You should meet with an experienced attorney to discuss why. Good luck!

    **The information available on this post is for informational purposes only and not for the purpose of providing... more

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