Do you really need Tax Returns included as evidence?

[Nubby 0]

Hi Everyone....just a quick question.... in regards to submitting evidence for ROC..... i know including your TAX return (filed as married) is one of the best pieces of evidence to submit...

HOWEVER what if i dont include this? Will i get an RFE for this?

Or what if i submitted my taxes (for the 2 years we've been together) seperately and then we put in as evidence but it clearly shows that we submitted them as single rather than as married.

Is this going to be a problem? Has anyone out there who has submitted evidence but did not provide their tax returns?

Thanks !!

[TracyTN 237]

You could get an RFE - depends what the adjudicator is looking for.

Get tax transcripts from the IRS - easier than finding your forms, W2s, etc. and is USCIS' preferred method.

Edited November 30, 2009 by TracyTN

[Dogwood_Poet 16]

Did you file as single or as married filing separately? If you both were working and filed as single you could be in trouble with the IRS. If only one of you was working, you should amend your return to married to get the tax advantages.

If you filed married filing separately, just send both transcripts or forms in. They will still show proof of you both residing at the same address.

[Otto 83]

For Removing/Lifting Conditions (I-751) tax return/transcripts are not required but are suggested as one method of showing bona fide marriage (a piece of evidence). (W-2's and any supporting documents are not required if/when submitting a copy of any tax return.)

What will happen if you don't include a tax return(s)? Nothing really - presumably you've included other evidence to support your petition to remove the condition.

See the Guide to Lifting Conditions for more information.

[sh18 3]

Did you file as single or as married filing separately? If you both were working and filed as single you could be in trouble with the IRS. If only one of you was working, you should amend your return to married to get the tax advantages.

If you filed married filing separately, just send both transcripts or forms in. They will still show proof of you both residing at the same address.

What he said.

[wexford65 0]

To answer the original question, IMHO no you do not 'need' to submit tax returns.

Tax returns are simply one form of evidence, albeit a listed form of evidence in the I-751 instructions. They might be viewed as a preferred piece of evidence but if you have other evidence then I wouldnt worry unduly unless you have some reason to avoid sending them in that you don't want uncovered.

The I-751 instructions do indicate that you need to cover the topic of joint assets and liabilities and lists state and federal tax returns as sample evidence but as long as you have other evidence in this area you should be fine.

As for 'you could receive an RFE', you could receive an RFE for any of a thousand reasons, or not. It is like me not wanting to go outdoors today because I 'could' get hit by a plane.

Paul

[Nubby 0]

Hi Everyone. thanks for your help thus far. Well my plan is to submit taxes as married but to file them seperately.

as a hypothetical.... what would would happen if we did do this (married but fled seperately), and as part of the evidence only me submitted my tax transcript as evidence but not my husband. Is one better then none?

Thanks!

[wexford65 0]

Nubby

You are asking a question a bit like "will the examiner prefer blue or green paper". It all depends on the examiner, on the other evidence you submit and a myriad of other factors. Submit the best evidence you can and sit back and wait.

Having said that, personally I think submitting one return would simply raise the question as to where the other one is but that is just me.

Paul

Hi Everyone. thanks for your help thus far. Well my plan is to submit taxes as married but to file them seperately.

as a hypothetical.... what would would happen if we did do this (married but fled seperately), and as part of the evidence only me submitted my tax transcript as evidence but not my husband. Is one better then none?

Thanks!

[Rings 10]

According to your other thread, you are separated but not divorced. You are trying to file the I-751 and I am fairly certain you can do this by yourself if you are divorced, but that needs to be official and you have to have the divorce decree.

You will probably be asked for an interview if your husband is not here to file jointly with you or willing to sign the I-751. You could have enough evidence, but you will probably be asked for an interview or may get an RFE for your divorce documents.

You should file the divorce right away if possible so that you will have the divorce decree by the time they send you the RFE. If he is not willing to cooperate and he is accusing you of using him for the Greencard as you meantioned before, then you are going to need to get a divorce.

I am assuming that givin your circumstances he is not going to help you out regarding this process.

[TracyTN 237]

Actually you don't have to have the divorce decree in order to file the I 751 on time.

http://www.ilw.com/articles/2009,0924-lee.shtm

[wexford65 0]

Tracy, happily I am not in the position that I need this information but kudos for finding/posting it.

I am fairly sure most posters in this site have indicated that the divorce decree must be final prior to submitting the I-751 petition.

Paul

Actually you don't have to have the divorce decree in order to file the I 751 on time.

http://www.ilw.com/articles/2009,0924-lee.shtm

[sh18 3]

According to your other thread, you are separated but not divorced. You are trying to file the I-751 and I am fairly certain you can do this by yourself if you are divorced, but that needs to be official and you have to have the divorce decree.

You will probably be asked for an interview if your husband is not here to file jointly with you or willing to sign the I-751. You could have enough evidence, but you will probably be asked for an interview or may get an RFE for your divorce documents.

You should file the divorce right away if possible so that you will have the divorce decree by the time they send you the RFE. If he is not willing to cooperate and he is accusing you of using him for the Greencard as you meantioned before, then you are going to need to get a divorce.

I am assuming that givin your circumstances he is not going to help you out regarding this process.

Curious, what do people who are still married but deciding to get divorced 2-3 months into I-751 application?

[Nubby 0]

hey all,

well right now - the law in NC here states i must be seperated for 1 year before i can file for divorce. so right now i am in month 1 - i have 11 more to go til i can file for divorce! luckily this time falls way before i have to file. (looking at my timing, i would have to file May 2011 in order to have 90 days up my sleeve - thats if we were still together). So at this rate, if i file for divorce i should be doing this in November 2010.

though, i am conflicted right now...as i am considering either going for the divorce now and file the waiver OR we stick it out for the next 2 years and file jointly.

(but obviously in the next 2 years this a**hole will not co-operate and be mature about the whole thing and will act selfishly - as he has already shown by moving last week to a different state!)

so im strongly considering that being honest to USCIS is the best way to go - and that is to get a divorce. I guess im just worried about what will happen if some reason i get an IO who is having a bad day and denies my permanent GC!!

Nubby x

[Rings 10]

I read that link and it still says that the USCIS is going to request the divorce decree. You can file, but they will have you appear in front of the IO. Unless I am reading incorrectly, but I did read that link twice.

Now if you file now and advise the IO that you are not allowed to divorce until you have been separated based on current law then it's still being honest with the USCIS

[TracyTN 237]

Yes - the point of the change (if I'm understanding it correctly) is so that people can still file to remove their conditions in the appropriate time frame rather than being late to file while they wait on the divorce process. Even at that, the RFE for the divorce decree is to have a time frame of 87 days on it so that the applicant will have sufficient time to have the document in hand (combined with the time they've already waited to get the RFE).