Springfield, NJ Immigration Law Firms & Lawyers

The I-864 Form requires three years but sometimes only the past year is required to get the 864 approved. For the interview it is best to have three years.

If your brother will serve as your cosponsor, your having never reported taxes should not adversely affect your husband's petition. You can enclose a small letter explaining why you have not reported taxes when you fill out your I-864 affidavit of support. Where there is an adequate cosponsor, the American consulate or embassy is more concerned about whether the marriage is bona fide.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

You are entitled to a total of 6 years or (6 x 365 days) in the U.S. as an H-1B. If you spent prior time in the U.S. as an H-1B then that time should be deducted from the 6 years. If you leave the U.S. for one full year then you can petition for a new 6 year period of time in H-1B status. There are other nuances involved with a response to your query and you would certainly want to speak with a qualified immigration lawyer to discuss same.