removal of conditions without tax transcrits

[karenkaye 1]

Hi everyone. We are getting ready to file for removal of conditions on my PR. Husband has been off work since Aug/07 and I have had business interests in Canada and did not know I needed to file tax returns here in the US ( I know - sounds stupid doesn't it) I filed in Canada. The evidence that we have for the petition are: joint ownership deeds to home and property and joint title for one vehicle. Insurance for home and 3 vehicles in both names over 3 year period. Letter from my sons school stating he's been a student there for past 2 years and we are both listed as parents with same address; copy of joint credit card, joint bank account cards and statements (not a lot of account activity for the past few months though) over a two year period, 5 affidavits - 3 from family on both sides, 1 from my son's father, 1 from a friend. I can also send copies of receipts for various improvements that we've done to our home. We don't have health insurance. Can anyone comment if they've successfully had conditions removed WITHOUT providing tax transcripts. Thanks very much!

[Anh map 2,098]

This question sounds like it is worth consulting a qualified immigration attorney. You wouldn't want to have the non-filing seen as evading the US tax laws. That could have severe penalties.

Comingling of finances is one of the typical things that married couples do and is expected as evidence. Joint tax returns are mentioned in the listing of evidence of relationship in the formI-751 instructions. Are both of you listed on your Canadian tax filings?

Best of luck.

[Dakine10 5,452]

Hi everyone. We are getting ready to file for removal of conditions on my PR. Husband has been off work since Aug/07 and I have had business interests in Canada and did not know I needed to file tax returns here in the US ( I know - sounds stupid doesn't it) I filed in Canada. The evidence that we have for the petition are: joint ownership deeds to home and property and joint title for one vehicle. Insurance for home and 3 vehicles in both names over 3 year period. Letter from my sons school stating he's been a student there for past 2 years and we are both listed as parents with same address; copy of joint credit card, joint bank account cards and statements (not a lot of account activity for the past few months though) over a two year period, 5 affidavits - 3 from family on both sides, 1 from my son's father, 1 from a friend. I can also send copies of receipts for various improvements that we've done to our home. We don't have health insurance. Can anyone comment if they've successfully had conditions removed WITHOUT providing tax transcripts. Thanks very much!

I'm not sure if anyone has done it without tax transcripts but If I understand correctly, I just want to point out you are setting yourself up for trouble here.

Failure to file a tax return is a misdemeanor. A pattern of not filing tax returns over multiple years could lead to felony income tax evasion charges. Obviously you don't want to go down that road.

Besides an immigration attorney, you probably want to find a qualified tax accountant for advice about filing your past US tax returns (for the years you resided in the USA). Hopefully you have limited tax liability since there are credits available for the taxes you paid to Canada.

If it was me, I would kill 2 birds with one stone, file the late returns and use the filings as evidence for the I-751.

[Udella&Wiz 325]

Girl - head on over to the Cdn forum and look up the tax thread - I think you should be able to get info on filing for the last couple years in the US. Good that you filed Cdn taxes, although it doesn't impact anything here.

There is a tax treaty between the 2 countries, so understanding it may take some reading. You can sometimes get a refund of all or part of the taxes paid from one of the 2 countries but you do have to report all income to the US......in my case I had income in Canada last year and still had to pay taxes on it in both because I missed the deadline for the waiver in Canada. Definitely look into it.

I don't see why you can't send your ROC application in with what you have - now if they RFE you for tax transcripts you might have an issue - or you might be in the middle of doing it by then. and have something to show them....at least you might have filed and can supply that info.

Good luck