To apply for a marriage green card, the U.S. government requires evidence that the green card spouse will be self-funded and not on welfare. That would mean that the bringing spouse has to show some tax records to show that they’re on the right track.
Who Is Responsible For Tax Forms?
The sponsoring spouse is required to submit U.S. tax returns with the Affidavit of Support (Form I-864). It’s a contract for supporting the wife or husband who applied for the green card. A joint sponsor can also file tax returns if his/her income falls below the threshold for the green card application.
If the sponsoring spouse has not filed taxes in the United States, he or she will need to send a tax exemption letter. The husband/wife applying for the green card doesn’t need to submit tax papers.
What Kinds of Tax Documents Do You Require?
The forms you need to submit for tax purposes are dependent on the type of tax filing you’re doing. The table below shows what’s required for Form I-864 (Affidavit of Support):
- Affidavit of Support — Form I-864; This tax document must be provided by the sponsoring spouse and any joint sponsor:
- Proof of income: A 1040, 1040-A, or 1040-EZ Form, and any documentation, such as W-2s, 1099s, or international income statements.
- IRS federal tax return transcript which includes the sponsoring spouse and all other co-sponsors.
What Is A Tax Return Transcript?
- Tax return transcript: This is a summary of what you report in your tax return. IRS transcript for the last three years of taxes can be obtained from you.
- If You Do Not Have Access to Your Tax Return Transcript:
- You won’t be able to obtain a transcript from the IRS website, however, so you will have to:
- Attach a notarized letter of excuse stating that you can’t access the transcript.
- Send a screenshot from the IRS website showing that the transcript isn’t available through the “Get Transcript” button.
How Many Years of Tax Returns Is Needed?
The sponsoring spouse must provide tax returns from the last year (typically the prior calendar year) for Form I-864. Sponsors can also opt to provide tax returns from the last three years if they so desire.
What If You Paid Separate Taxes?
Sponsoring spouse & spouse must submit their transcript of federal tax return and all supporting documents (W-2s, 1099s, foreign income statements) for the years that need to be completed. This is for Form I-864.
What If the Sponsor Didn’t File Taxes?
If the sponsoring spouse didn’t file taxes last year (or if the joint sponsor didn’t), an exemption letter will be needed with Form I-864. The letter will need to state why they didn’t file (eg, they didn’t earn enough to qualify for it). Also, it is needed to explain why you haven’t had any tax returns and to set the background needed for the green card application.
