When applying for a marriage-based green card, the petitioner, the U.S. citizen or lawful permanent resident sponsoring their spouse, must provide tax documentation to prove financial eligibility.

What USCIS Requires

USCIS generally requires:

• A copy of the most recent year’s tax return (Form 1040)

• Information from the past three years of tax returns, if the petitioner was required to file

These documents are submitted with Form I-864, Affidavit of Support, to demonstrate the petitioner’s ability to financially support their immigrant spouse.

Who Must File Taxes

Most individuals in the U.S. are required to file annual tax returns. However, some are exempt if their income falls below the IRS filing threshold, which depends on:

• Filing status (single, married, head of household)

• Age

• Type of income (earned vs. unearned)

If the petitioner was not required to file, they should include a written explanation and, if available, IRS documentation confirming non-filing status.

Why Tax Returns Matter

Tax returns allow USCIS to:

• Verify the petitioner’s income and employment history

• Assess whether the petitioner meets the minimum income requirements for sponsorship

• Identify any discrepancies that might raise eligibility questions

Failure to provide accurate or complete tax records can delay or even jeopardize the green card process.

Key Takeaway

If you’re sponsoring your spouse for a green card, make sure your tax filings are up-to-date and accurately reflect your income. These records are central to proving your financial ability to support your partner under U.S. immigration law.

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This content is for informational purposes only and does not constitute legal advice. USCIS financial documentation requirements may vary depending on individual circumstances. Always consult a licensed immigration attorney for guidance specific to your case. This communication may be considered attorney advertising.