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If a US citizen hasn't filed taxes, does he still need to prove income even if there is also a co-sponsor?

Santa Rosa, CA |

I have had conflicting information recently. I have been told that having a co-sponsor means that my US husband WON'T have to turn in tax returns when applying for my adjustment of status from F-1. But, I have also been told that even if I have a co-sponsor, my husband WILL have to turn in tax returns on the affidavit of support. Which is it please? Many thanks.

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Attorney answers 4


A petitioner is always required to submit an affidavit of support with the required documentation.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Your husband the petitioner must also file an I-864 affidavit of support even with a joint-sponsor. If he did not file taxes he files back taxes or must give adequate reasons that he wasn't required to file for example he did not meet the minimum threshold required to file. I would urge you to contact an experienced immigration attorney to guide you through this process.

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Since your US husband should be paying taxes, this shouldn't be an issue.

Luis Raul Scott Jr.

Luis Raul Scott Jr.


I didn't see the top that said he wasn't paying. If that is the case he needs to go ahead and file so he doesn't have criminal issues in the future.


Your spouse will have to submit an affidavit of support and tax returns, if any.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:

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