I Have Not Filed Tax Returns In Years, How To Prove Income For CR-1 Spousal Visa Application?
If you are the sponsor for your spouse that is currently overseas, you will need to prove that the foreign immigrant will not become a public charge once they arrive.
This means that you need to provide documentation of your income and that it is sufficient for your total household size.
Your income will need to be at least 125% of the Federal poverty guideline based on the household size. If you do not meet this requirement, you will need to find a joint sponsor that does meet this requirement alone.
A joint sponsor does not need to be someone that is related to you but they need to understand that the I-864 Affidavit of Support is a binding legal agreement with the U.S. government.
Can I Still Get Approved If I Have Not Filed My Taxes?
Yes, the USCIS is not the IRS and does not force you to file your taxes, however, you still need to provide proof that you can provide for your immigrant spouse and that they will not be on government assistance as soon as they land.
Having a joint sponsor submit their tax transcripts for the last 2 years will be enough to meet this requirement. Many sponsors are students or unemployed so the USCIS does not require that everyone have an income before filing the I-130 form.
If you have no income, you will still need to pay for the filing fee with a personal check. The USCIS does not accept credit cards as a form of payment. You may end up having to go through a little more scrutiny later on when your spouse is in the United States especially if you live on your own but claim you have no income.
Will I Need A Joint Sponsor If I Am Self-Employed And Don’t Take A Salary?
Yes, if you are self-employed but are not taking any money out of the business then you technically do not have an income. You will need to have joint sponsor that meets the income requirement of 125% of the minimum Federal poverty guidelines based on their household size including your foreign spouse.
If you do draw an income from the business but it does not meet the income requirement, you still need a joint sponsor and you will also need to fill out your own I-864A form and provide previous 2 years tax transcripts.
The USCIS will use this information along with the joint sponsor’s income to determine if you qualify.
Can I Use My Assets In Lieu of The Income Requirement For The Affidavit of Support?
If the sponsor’s income does not meet the minimum Federal poverty guideline, other assets generally need not be shown as sufficient.
The sponsor’s income is totaled first. Personal assets and/or the income and assets of other household members or joint sponsors who have signed an I-864A are totaled next.
Usually the sponsor must present evidence of location, ownership and value including liens and liabilities for each asset listed.
The consular officer must find that the financial value of the asset can be converted to cash within one year to support the sponsored immigrant without undue harm to the sponsor or his/her family.
How Much Total Asset Value Will I Need To Qualify In Lieu Of The I-864 Income Requirement?
The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor’s income and 125% of the poverty level for the household size.
Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guideline and actual household income.
Sponsors of orphans who will acquire citizenship after admission to the United States must only prove assets equal to the difference between the poverty guideline and actual household income.
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