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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105593
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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We are trying to complete I-864a Affadavit of Support. My

Customer Question

We are trying to complete I-864a Affadavit of Support. My wife (the US citizen) does not work, but has never filed a US tax return as she has never lived in the country (we are now aware she should have done this). Her father will be co-sponsor and his income will cover us. Will the lack of US tax records for my wife be an issue? Section 18 says we must include most recent tax return - can we just state that we don't have it?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

To avoid any delays or issues, she should file late taxes or have proof of extension request, or at least have a letter from an accountant to explain why she was exempt from filing. Anything else and you risk delay with a Request For Evidence (RFE).

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Customer: replied 9 months ago.
Do you think it would be sufficient to just file one year - the most recent? and then we can file the rest after immigrating? It is just that expat tax returns get expensive - especially as she didn't earn any income!
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

I cannot guarantee that there will not be a delay with just one, the most recent year, but it is better than nothing. Lately, the big issues they always seem to have are with the I-864.

Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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