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Atlanta, GA |

I am the Petitioner filing Form I-130 for my spouse for AOS and about to complete Form I-864. I will have a Joint sponsor to also complete another Form I-864 because I have been unemployed since 05/01/2011. My questions are (one) Do I specify my spouse income which is like 35k a year on section 24b of Form I-864 that states (Income you are using from any other person who was counted in your household size) or will that cause an issue since my spouse also applied for work authorization (Form I-765) And if I do, do I submit my spouse W2 forms? and (two) Do I need to include the my last Tax return information for 2010 (the last time I filed my taxes) or I will not require to submit any Tax info since I did not file taxes last year?

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Attorney answers 3


Your spouse's income will only be counted if she worked legally in the US

USCIS will want a letter explaining why you did not file taxes

Good lcuk

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at


Mr. Fleischer is correct. However, this may get complicated. You may want to hire an immigration attorney to file the forms and documentation to support your case.

If the USCIS demands a request for additional evidence, then I strongly recommend that you hire a competent and experienced immigration attorney as soon as possible.

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


I agree with my colleagues.

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.

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