AOS & Lawyers

[dj's baby 0]

Ok, so we're having a confusing situation with filling out our AOS form. We've received our NOA2, got our NVC case number and emailed the Choice of Agent to them. I have all my other documents ready, the only thing left is the AOS (and the hardest one too). My husband is a former military (he's receiving money from the VA) and also a full time student, so he has no income from a regular job, only his VA and school money. Apparently, school money can't be used as an income (please correct me if I'm wrong), but we could use his dad's income as well (he lives in the same household). The issue with that is that his dad didn't file for his tax returns... don't ask me why, guess he was too lazy to do it So, what are our options now? Can he still file for tax returns now or what? Any ideas how much would it cost to have a lawyer do the AOS for us? I'm 4 months pregnant and losing my mind over here. Please if you can. Thank you

[LIFE'SJOURNEY 970]

The father can file is income taxes for 7 years back, if he needs to do it. Also, the father can file thosse taxes on line, or go and see a tax consultant.

Edited May 1, 2010 by LIFE'SJOURNEY

[dj's baby 0]

The father can file is income taxes for 7 years back, if he needs to do it. Also, the father can file thosse taxes on line, or go and see a tax consultant.

Thank you so much. I don't know much about American laws, but his father is retired... so do we need his tax returns or just bank statements?

[trailmix 77]

Really the American in your relationship should be researching these answers - generally they are familiar with American taxes

Anyway - there are laws about this. If he earned over a certain amount in a tax year then he is required to file.

To find out what that amount is you need to look at the 1040 form. Prior year forms at the IRS site are here. Each 1040 has a table that tells you what the cut off is for filing, so for example (using made up numbers) it might be - for filing "Single" in 2007 the cut off was $3000.00. So if your Father in Law made $3001.00 in 2007, he was required to file a return.

The other question is, since he is retired, does he only receive social security or does he have other income? His SS payments may not be taxable - in which case he would not be required to file. More info on that here.

So if you find that he didn't have to file, yes, you need to provide proof of his income and bank statements and perhaps statements from the SS office should be sufficient I would think.

You know, the IRS is a good source of information. If you are really confused, find out the details of your FIL's earnings for any given year and call them - you don't have to give them his name or anything - just tell them you have an inquiry. Give them all the details and ask them if you need to file for that year and if so what forms should you use.

If no one in your household is good with taxes, take them all to a tax preparer and have them done.

One thing to consider about hiring a lawyer - for immigration purposes they are just form fillers. Even if they fill out the forms for you - you have to give them all the information - you have to organize getting your FIL's taxes done.

Edited May 1, 2010 by trailmix

[dj's baby 0]

Really the American in your relationship should be researching these answers - generally they are familiar with American taxes

lol thank you very much... I completely agree with you

[pushbrk 12,569]

Ok, so we're having a confusing situation with filling out our AOS form. We've received our NOA2, got our NVC case number and emailed the Choice of Agent to them. I have all my other documents ready, the only thing left is the AOS (and the hardest one too). My husband is a former military (he's receiving money from the VA) and also a full time student, so he has no income from a regular job, only his VA and school money. Apparently, school money can't be used as an income (please correct me if I'm wrong), but we could use his dad's income as well (he lives in the same household). The issue with that is that his dad didn't file for his tax returns... don't ask me why, guess he was too lazy to do it So, what are our options now? Can he still file for tax returns now or what? Any ideas how much would it cost to have a lawyer do the AOS for us? I'm 4 months pregnant and losing my mind over here. Please if you can. Thank you

You still haven't indicated the nature of the income from the military. Is it a pension, disability award or temporary educational assistance. If it's permanent income, you don't need a joint sponsor. The I-864 affidavit of support is the US Citizen petitioner's responsibility. Get him on it, as you'll be spinning your wheels trying to do it for him.

[dj's baby 0]

You still haven't indicated the nature of the income from the military. Is it a pension, disability award or temporary educational assistance. If it's permanent income, you don't need a joint sponsor. The I-864 affidavit of support is the US Citizen petitioner's responsibility. Get him on it, as you'll be spinning your wheels trying to do it for him.

The income from the military is a disability income. He is on it, I'm just stressing out alot since I'm the type of person that likes to have things under control. Thank you all for your help.

[pushbrk 12,569]

The income from the military is a disability income. He is on it, I'm just stressing out alot since I'm the type of person that likes to have things under control. Thank you all for your help.

If he has a permanent disability award of $5,000 a month, then that is his current income and you document it with the award letter from the military.