When a U.S. citizen or lawful permanent resident submits a petition to apply for a foreign family member, the petitioner must demonstrate that he/she has sufficient financial support to support the family member’s living expenses in the U.S. The purpose of this rule is to ensure the foreign family member will not become a public charge in the U.S. The petitioner must submit a complete tax return for the most recent year. The petitioner can provide the most recent three years’ of tax returns, but only the most recent year’s tax return is required.
If you want to file a joint but your spouse is neither a U.S. citizen nor a U.S. tax resident, you must have either a Social Security number (SSN) or an Individual Taxpayer Identification Number (ITIN). You do not need to have legal immigration status to obtain an ITIN.
The sponsor can count the intending immigrant’s income in his household income if the following requirements are satisfied: (1) you have the same principal residence as the sponsor and (2) your income will continue from a lawful source even after you obtain your green card.
Instead of a regular tax return (Form 1040), you can submit a much shorter Tax Return Transcript.
The minimum annual income you’ll need to apply for your spouse’s green card in 2021 depends on the number of people in your household.
When applying for a marriage green card, a joint sponsor must submit Proof of U.S. citizenship or permanent residency, A tax return for the most recent tax year, Proof of income for the current year, and Form I-864.