Legal Question in Immigration Law in New York

I recently got married to a us citizen and will soon begin filing for my green card. the problem is my husband has not filed taxes since 2000 and owes the irs . we have found a joint sponsor who is has met the requiremens according to the federal poverty guidelines. however my husband still has to full out form i 865. we are confused as to what he would write on the form. we were also told that he has to write a statment explaiig why he could not provide my affidavid of suport. how does he write this statement.


Asked on 5/01/10, 7:57 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

He must submit the Affidavit of support, form I-864. If he failed to pay taxes to IRS since 2000 and owes IRS back taxes - he and you can be in a tough situation. Your application may be delayed until the situation with unpaid taxes is resolved. Having a joint sponsor won't save the situation where a primary sponsor/petitioner doesn't have any tax returns and owes back taxes.

Why didn't he file tax returns since 2000? Does he work, has other forms of income?

Do you work, do you pay taxes?

You should resolv this issue before filing the applications with the USCIS.

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Answered on 5/06/10, 8:15 pm


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