My spouse has been in university for the past 3 years but works intermittently on weekend when she is able to do so. Therefore, she has not filed a tax return since 2010. However, we have a person who qualifies as a joint sponsor.
It is not necessary for your wife to file as a household member if you qualify with a joint sponsor. It is also not recommended that she file as a household member if she has not filed/paid taxes. This could result in a denial of a benefit as paying your taxes is considered the minimal requirement for a finding of good moral character.
Kenneth Craig Dobson has practiced immigration law for over eight years. Nothing in this response should be considered legal advice. To be clear, no attorney-client relationship is established unless and until a written engagement letter is signed by both parties (attorney and client).
If you are filing for adjustment of status based on a visa petition, and your wife filed the visa petition, then she must sign an affidavit of support. This is true even if you have a joint sponsor.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
The petitioner is required to submit an Affidavit of Return. The form must be submitted regardless of the fact that you have secured a joint sponsor.
Yes. You should consider getting the forms double-checked even if you self-file as there are a number of likely mistakes due to the complexity of the forms.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
Your wife is required to submit an I-864 and provide a federal income tax return for the most recent tax year, which would be 2012. Since, your wife is currently going to university and only working on the weekends when able to do so, she will need to have a co-sponsor if she does not meet the income requirements. Both your wife and the co-sponsor must submit separate I-864 forms. Please review the I-864 form instructions under part 6 subsection 7. For further information, contact an immigration attorney who can help you with the process.
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