What to do if I need to apply for the green card but my wife sponsor/petitioner never filed her taxes even though she made over $5800 in the past 3 years?

I Need to apply for the green card but my wife (sponsor/petitioner) never filed taxes since she was 16; she is 24 now. She made over $5800 in the past 3 years on (W2). Her dad used to claim her as a dependent and never filed her 1040ez form -seems he did a bad mistake. I’m afraid we will cause issues to her dad if we submit her late taxes to IRS. How many years do we have to submit, is one year is enough for USCIS ? Is there another way rather than submitting the late tax returns. like sending a letter or the W2 without the returns ?

Asked on August 16, 2012 under Immigration Law, Michigan


Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 8 years ago | Contributor

She will need to file back taxes. Even if you get a joint sponsor, she will have to explain her tax issues/income. The instructions on the I-864 and the officers will ask for this. Let me know if I can be of any help. harun@ksvisalaw.com

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