Though Question, may need attorney??

[felipe2121 0]

Ok so I am once again stuck and dont know were to turn, to make a long story short......

I came here when I was a minor, under a visa waiver program I overstayed while being a minor and then left the country while I was still a minor.

I came back 4 years later and invested in a company, I came under the Visa Waiver and I didnt overstay, I ended up filing a W-7, and filed a Tax Return on profits that were made from this investment, I left the country accordingly without overstaying. I am now filing I-130 and the other forms to change status since I got married to a US citizen and hopefully obtain my green card. I am now thinking to file another W-7 as "Spouse of U.S. citizen/resident alien". My wife dosent make the income above the poverty guideline, and I am wondering if I should use the income from 2008 on a I-864A and check the box "b.I am the intending immigrant and also a member of the sponsor's household." or if I should get someone totally diferent to co-sponsor on a normal I-864.

Any help would be greatly appreciated Happy Holidays

[felipe2121 0]

Ok so I am once again stuck and dont know were to turn, to make a long story short......

I came here when I was a minor, under a visa waiver program I overstayed while being a minor and then left the country while I was still a minor.

I came back 4 years later and invested in a company, I came under the Visa Waiver and I didnt overstay, I ended up filing a W-7, and filed a Tax Return on profits that were made from this investment, I left the country accordingly without overstaying. I am now filing I-130 and the other forms to change status since I got married to a US citizen and hopefully obtain my green card. I am now thinking to file another W-7 as "Spouse of U.S. citizen/resident alien". My wife dosent make the income above the poverty guideline, and I am wondering if I should use the income from 2008 on a I-864A and check the box "b.I am the intending immigrant and also a member of the sponsor's household." or if I should get someone totally diferent to co-sponsor on a normal I-864.

Any help would be greatly appreciated Happy Holidays

And if useing my income would I have to file for a I-485 Supplement A, however I NEVER entered the USA without being inspected.

[felipe2121 0]

Ok so I am once again stuck and dont know were to turn, to make a long story short......

I came here when I was a minor, under a visa waiver program I overstayed while being a minor and then left the country while I was still a minor.

I came back 4 years later and invested in a company, I came under the Visa Waiver and I didnt overstay, I ended up filing a W-7, and filed a Tax Return on profits that were made from this investment, I left the country accordingly without overstaying. I am now filing I-130 and the other forms to change status since I got married to a US citizen and hopefully obtain my green card. I am now thinking to file another W-7 as "Spouse of U.S. citizen/resident alien". My wife dosent make the income above the poverty guideline, and I am wondering if I should use the income from 2008 on a I-864A and check the box "b.I am the intending immigrant and also a member of the sponsor's household." or if I should get someone totally diferent to co-sponsor on a normal I-864.

Any help would be greatly appreciated Happy Holidays

And if useing my income would I have to file for a I-485 Supplement A, however I NEVER entered the USA without being inspected.

Bump....

[Brother Hesekiel 2,236]

I am not sure if I understand your position correctly, but if you entered the US with a visa waiver, are married to a USC and are applying for AOS, you and your wife should file the income tax return jointly, even if her income was zero. What matters in this case that you two together meet the income requirement of 125% of the poverty amount. If that's the case, you do not need a co-sponsor.

[felipe2121 0]

I am not sure if I understand your position correctly, but if you entered the US with a visa waiver, are married to a USC and are applying for AOS, you and your wife should file the income tax return jointly, even if her income was zero. What matters in this case that you two together meet the income requirement of 125% of the poverty amount. If that's the case, you do not need a co-sponsor.

Basicly I am trying not to get penalized in the USA for having filed a Tax return in 2008 when in reality I was only here on a tourist visa, however I didnt work I was just paying taxes on the profits of a investment.

[felipe2121 0]

I am not sure if I understand your position correctly, but if you entered the US with a visa waiver, are married to a USC and are applying for AOS, you and your wife should file the income tax return jointly, even if her income was zero. What matters in this case that you two together meet the income requirement of 125% of the poverty amount. If that's the case, you do not need a co-sponsor.

Basicly I am trying not to get penalized in the USA for having filed a Tax return in 2008 when in reality I was only here on a tourist visa, however I didnt work I was just paying taxes on the profits of a investment.

Any help would be greatly appreciated before I submit this packet

[Brother Hesekiel 2,236]

If you file for AOS based on being married to a USC, there is no penalty. None of this stuff matters, as all of it is forgiven at the time of AOS.

What matters is that you can prove that you two as a married couple have sufficient income for the I.O. to sign off on your application. If you don't have enough income through capital gains plus your wife's wages, you can even think long and hard until you may remember yard sales you did, or baby sitting, or dog walking, and add that income to your most current tax return, even by amendment, if necessary.

If you can't meet the income requirement, you'll need a co-sponsor.

[felipe2121 0]

If you file for AOS based on being married to a USC, there is no penalty. None of this stuff matters, as all of it is forgiven at the time of AOS.

What matters is that you can prove that you two as a married couple have sufficient income for the I.O. to sign off on your application. If you don't have enough income through capital gains plus your wife's wages, you can even think long and hard until you may remember yard sales you did, or baby sitting, or dog walking, and add that income to your most current tax return, even by amendment, if necessary.

If you can't meet the income requirement, you'll need a co-sponsor.

Yes I am legally married, so I think I should just leave the income out of it and just got with the co-sponsor(police officer 65k +) I think it will be alot less explaining at a later time right, even if they say something it wouldnt matter at that point beacuse my marriage is legitamate correct? Thanks for your help I really appreciate it.

[justashooter 430]

I am not sure if I understand your position correctly, but if you entered the US with a visa waiver, are married to a USC and are applying for AOS, you and your wife should file the income tax return jointly, even if her income was zero. What matters in this case that you two together meet the income requirement of 125% of the poverty amount. If that's the case, you do not need a co-sponsor.

Basicly I am trying not to get penalized in the USA for having filed a Tax return in 2008 when in reality I was only here on a tourist visa, however I didnt work I was just paying taxes on the profits of a investment.

paying taxes on investment is not a problem. as long as you aren't generating income by actually working in USA you have no worries. i am surprised that you didn't pay tax on the investment in your home country.