AOS PROBS

[shakira08 0]

I rather post my probs here and give it a try for some members might whom can share there opinion. Anyhow, this is regarding my AOS. I havent yet applied AOS becoz my hubby didnt file his taxes since 2005, but he has a 2005, 2006 & 2007 W-2's. He is a self-employed...and now his office is permanently closed.

Moreover, I have everything with me right now EXCEPT his recent taxes. My relatives are willing to be our co-sponsors. My question now is, if we will submit everything to USCIS, do you think we will encounter problem during interview that my husband didnt file his taxes? or do u think they will gave us RFE for no recent taxes although we have co-sponsors? or tendency that they will deny our papers?...Our marriage will turn two years now.

Also, he will sign the I-864 ,but can he use his assets like house & car? he is jobless right now....i am so confuse,please enlighten me...

PS: i am grateful if anybody can share there knowledge...but please just don't harass my

thread. Thank you and more power....

Edited March 10, 2009 by shakira08

[Nich-Nick 3,354]

This is directly from the instructions (p.8) of the I-864

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it

[Mint518 0]

I rather post my probs here and give it a try for some members might whom can share there opinion. Anyhow, this is regarding my AOS. I havent yet applied AOS becoz my hubby didnt file his taxes since 2005, but he has a 2005, 2006 & 2007 W-2's. He is a self-employed...and now his office is permanently closed.

Moreover, I have everything with me right now EXCEPT his recent taxes. My relatives are willing to be our co-sponsors. My question now is, if we will submit everything to USCIS, do you think we will encounter problem during interview that my husband didnt file his taxes? or do u think they will gave us RFE for no recent taxes although we have co-sponsors? or tendency that they will deny our papers?...Our marriage will turn two years now.

Also, he will sign the I-864 ,but can he use his assets like house & car? he is jobless right now....i am so confuse,please enlighten me...

PS: i am grateful if anybody can share there knowledge...but please just don't harass my

thread. Thank you and more power....

Below is an excerpt from the instruction to Form I-864 (page 8).

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.

I think at this point, last three tax years would be 2008, 2007 and 2006. So, according to the above instruction, your spouse needs to file late returns with IRS for 2007 and 2006 and attach an IRS-generated tax return transcript to Form I-864 regarding those two years. As for 2008, if he had certain income (I belive $400 of net earnings is the threshold in case of self-employed person), he should file tax return with IRS by April 15 and attach the copy of his such return and all supporting docs to I-864. If he has no income or he is not required to file tax return because his income is too low in 2008, he needs to prepare and attach written explanation as such.

If you send out the AOS documents right now without his tax return information, most probably (and if you are lucky) you will get REF for his tax information even if you have joint sponsor. If you are unluckey, your application might be denied due to insufficient evidence (I think this case is pretty rare, but I read some posts that this actually happened).

If he can clear his tax return issues, and you have joint sponsor, your application shuld be fine even if your spouse is currently unemployed. Good luck.

[Cino 5]

ONE OF THE MOST IMPORTANT DOCUMENTS FOR USCIS IS TAX RETURN. IF YOU DON'T GET

CAUGHT AT THE BEGINNING, YOU WILL GET CAUGHT EVENTUALLY

IN THE SYSTEM, ESPECIALLY IN YOUR FUTURE APPLICATIONS.

EVEN USCIS DOESN'T ASK FOR TAX RETURNS, I WOULD NOT ADVISE YOU TO MESS WITH IRS.

IRS IS FAR MORE DANGEROUS THAN USCIS. THEY HAVE GOT SO MUCH AUTHORITY.

IF I WERE YOU GUYS, I WOULD PAY ALL MY TAXES PLUS WITH THE INTEREST !.... NOT JUST

THE SAKE OF USCIS APPLICATIONS..

GOOD LUCK !......

[c_and_a 0]

He needs to file all of his taxes (not just the last three years) in order for your application to go through. He should file them, too, since it is illegal not to and it could get you guys into all kinds of trouble. Not to mention the fact that it is incredibly unfair to people like me who go through the trouble of filing the correct amount of tax every year.

[Mint518 0]

EVEN USCIS DOESN'T ASK FOR TAX RETURNS, I WOULD NOT ADVISE YOU TO MESS WITH IRS.

IRS IS FAR MORE DANGEROUS THAN USCIS. THEY HAVE GOT SO MUCH AUTHORITY.

IF I WERE YOU GUYS, I WOULD PAY ALL MY TAXES PLUS WITH THE INTEREST !.... NOT JUST

THE SAKE OF USCIS APPLICATIONS..

GOOD LUCK !......

I totally agree. I should have mentioned in my previous post that there is no statute of limitation for non-filing of tax return. So, to avoid any future trouble with IRS, I think your spouse should file all late tax returns from tax law point of view.

[Tessa In NJ 0]

I rather post my probs here and give it a try for some members might whom can share there opinion. Anyhow, this is regarding my AOS. I havent yet applied AOS becoz my hubby didnt file his taxes since 2005, but he has a 2005, 2006 & 2007 W-2's. He is a self-employed...and now his office is permanently closed.

Moreover, I have everything with me right now EXCEPT his recent taxes. My relatives are willing to be our co-sponsors. My question now is, if we will submit everything to USCIS, do you think we will encounter problem during interview that my husband didnt file his taxes? or do u think they will gave us RFE for no recent taxes although we have co-sponsors? or tendency that they will deny our papers?...Our marriage will turn two years now.

Also, he will sign the I-864 ,but can he use his assets like house & car? he is jobless right now....i am so confuse,please enlighten me...

PS: i am grateful if anybody can share there knowledge...but please just don't harass my

thread. Thank you and more power....

I think the best thing for you and your husband to do is to consult with an immigration lawyer and be ready to hire one if needed.