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Immigration Issues/Affidavit of support nad 3 years tax returns

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Question
Hello Ajay,

I make 45k a year meaning more than I need to be able to sponsor my spouse in a green card marriage petition.

I noticed that it is requested to file my taxes for the last 3 years which makes me think that my income for the last 3 years need to be able to sponsor my spouse and ITS NOT. I just got the job recently and did not make the minimum in the previous 3 years.

what do you think?

thanks

Answer
Hi,

Recent guidance from the USCIS requires that only copy of the latest tax return is required to show ability to support a spouse, and thus although mandatory to list prior 3 years' income on the affidavit of support, only the latest tax return will be taken into account.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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