SECOND OPINION I have a question about someone doing an AOS based on marriage to a US Citizen about the I-864 form. My

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If you have not filed 2020 yet, you should NOT enter the 2020 amount. Enter the total income for the 3 most recent tax years. If you had no taxable income in the 2019 tax year or you earned below the threshold required to file a tax return, you should so indicate.

It appears that you are trying to make the filing yourself. You should consider having a lawyer look at any filing that you plan to make on your own. It can save you time and money. This limited review is called an "unbundled legal service." This is a practice recognized by the American Bar Association and It allows clients who cannot afford a lawyer for full-time representation to get the representation that they may require for part of your case. I and other lawyers offer this service.

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If your income comes from salary and/or independent contracts, you can include the W-2s or 1099s with your filing. I do not think that it is a wise strategy to fail to include required documents with your initial filing. While we would hiope that the Biden-directed USCIS will be more sympathetic, they do not have to issue an RFE could deny your I-485 application.

If the only tax returns that you filed are 2018, 2017, and 2016, then list those and include a copy of the 2018 return. You should also explain in Part 11 (page 10), referring back to Part 6, item 24, that you will be filing the 2020 soon and attach the W-2s, 1099s, etc, that you ave for 2020.

Again, I recommend that you seek the help of a lawyer.

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Yes, you must include your most recently-filed tax return. In your case that is 2018. You should also file your 2020 W-2 and/or 1099s as an attachment in the way that I suggested. Does your 2018 income and 2020 income meet the I-864p income guidelines?

I have re-read the instructions and I agree with my colleague. You must report taxable income from the 3 most recent taxable years. In your case, it would be 2019, 2018, and 2017. Since you have no income to report for 2019, you would enter "0" and then attach an explanation in Part 11. See I-864 Instructions at pages 8-9. I am sorry for the confusion.

But you have not answered my question. Is your income going to be sufficient to meet the income guidelines? If not, you will need a joint sponsor who does. This sponsor must be a US citizen or permanent resident.

If you get an RFE, you should respond with the 2020 tax return and an explanation that you had no taxable income for 2019. If you have a qualifying joint sponsor, this discussion will not matter because USCIS will be relying on the qualifications of your joint sponsor.