Yes, you can still apply, but your case may face challenges if your spouse hasn’t filed required tax returns.

Your spouse, as the petitioner/sponsor, must submit Form I-864 (Affidavit of Support), which includes proof of income and tax returns.

If your spouse doesn't meet the income requirement, you can use a joint sponsor who does meet the financial criteria.

If your spouse hasn't filed taxes for valid reasons e.g., low income or no income, they must provide a written explanation and possibly IRS transcripts confirming no filing requirement.