Removal of conditions - is this evidence enough?

[foreignfantasy 0]

My husband and I only have the following evidence:

- lease of apartment in both names

- joint bank account (checking)

- bills in both names

- joint health insurance, home renters insurance, auto insurance

- car title in both names

- life insurance for him, with me as the beneficiary

- state issued IDs (drivers licences) showing same address

- stock (shares) in both names

- some club memberships

- we can provide letters from friends and/or neighbors

- photos

- cards from his mother, my parents, friends, adressed to both of us

We don't have credit cards (he is very much against using them, and hasn't had one for years , we use debit cards instead), and we don't have joint tax returns. That is because I don't have a job (he is the conservative type and wants to provide for his family), which means I never paid taxes; and he is trying to build his own company, which proved to be a long process so far, it has been going on for a few years now... His company is not in revenue yet, so he doesn't get a paycheck. We live on investors' money for now, and try to spend as little as possible, just for the strictly necessary things. Since he has no pay stubs and technically doesn't make any money, he hasn't payed taxes for a few years.

Is this enough evidence, or are we going to run into problems? Any opinion would be greatly appreciated.

Thank you.

[v333k 59]

My husband and I only have the following evidence:

- lease of apartment in both names

- joint bank account (checking)

- bills in both names

- joint health insurance, home renters insurance, auto insurance

- car title in both names

- life insurance for him, with me as the beneficiary

- state issued IDs (drivers licences) showing same address

- stock (shares) in both names

- some club memberships

- we can provide letters from friends and/or neighbors

- photos

- cards from his mother, my parents, friends, adressed to both of us

We don't have credit cards (he is very much against using them, and hasn't had one for years , we use debit cards instead), and we don't have joint tax returns. That is because I don't have a job (he is the conservative type and wants to provide for his family), which means I never paid taxes; and he is trying to build his own company, which proved to be a long process so far, it has been going on for a few years now... His company is not in revenue yet, so he doesn't get a paycheck. We live on investors' money for now, and try to spend as little as possible, just for the strictly necessary things. Since he has no pay stubs and technically doesn't make any money, he hasn't payed taxes for a few years.

Is this enough evidence, or are we going to run into problems? Any opinion would be greatly appreciated.

Thank you.

Hi and welcome to VJ!

The list of evidence looks very good. Two question I have about your taxes:

1. Did you file taxes?

2. If yes - how did you file? Married filing separately? or how/where were you listed?

USCIS doesn't care if you are making money or not, but they are interested to see that you are "good-friends" with the IRS and that you are "contributing" to them....

[foreignfantasy 0]

Oh, and I forgot to add the fact that my cell phone is also in his name, on his account I mean, if that helps. We can provide bills or whatever, showing conversations between us - a lot of them, sometimes a few a day, when he is at work.

[foreignfantasy 0]

Hi and welcome to VJ!

The list of evidence looks very good. Two question I have about your taxes:

1. Did you file taxes?

2. If yes - how did you file? Married filing separately? or how/where were you listed?

USCIS doesn't care if you are making money or not, but they are interested to see that you are "good-friends" with the IRS and that you are "contributing" to them....

We didn't file taxes, neither one of us did. Me, because I don't have a job, and him, because he is not on a payroll yet, as he is trying to build a company of his own.

Will that be a problem?

[Anh map 2,098]

Submitting copies of tax returns that show filing status as married would be a good addition to the evidence. As stated earlier it isn't about taxes paid or not, rather it's a declaration of marital status.

Affidavits from friends and family aren't strong evidence.

Your list looks good.

[foreignfantasy 0]

Submitting copies of tax returns that show filing status as married would be a good addition to the evidence. As stated earlier it isn't about taxes paid or not, rather it's a declaration of marital status.

Affidavits from friends and family aren't strong evidence.

Your list looks good.

Thank you for responding. I would like to be able to show joint tax returns, but neither one of us has an income, as I said before we live modestly on investors' money for now. My husband has been trying to build his company for a few years, but he is not on a payroll. What can we do in this situation? File taxes and explain that we have no income whatsoever? I have no idea what the procedure is in such a case. Would the USCIS decline removal of conditions on my residence because we haven't paid any taxes in a few years? Is that type of evidence crucial for the case?

[Anh map 2,098]

Thank you for responding. I would like to be able to show joint tax returns, but neither one of us has an income, as I said before we live modestly on investors' money for now. My husband has been trying to build his company for a few years, but he is not on a payroll. What can we do in this situation? File taxes and explain that we have no income whatsoever? I have no idea what the procedure is in such a case. Would the USCIS decline removal of conditions on my residence because we haven't paid any taxes in a few years? Is that type of evidence crucial for the case?

Your husband or his accountant should be familiar with the tax filing requirements.

You aren't required to submit tax returns for the removal of conditions. They are a piece of evidence that is often used. But, you can only submit the documents that you have showing a comingling of finances. The bank account, insurance, car titles, bills addressed to both are also nice pieces of evidence.

[sasaqlain 24]

I thought, you have to show that taxes have been filed for as long as you have been an LPR and copies of Last three years of filed taxes are to be attached with the application. I am sure, if a company is being maintained, Taxes have to be paid. Regardless of making profits of losses. If you are maintaining Bank accounts and stocks, then you are earning something. I even had to show an interest of $26 on my tax returns that I had accrued on my savings account for the year. I may be wrong, but I thought I'd share my two cents with you. Best you confirm. My wife and I both are not working anymore, and we are still looking forward to filing our taxes next year, regardless of our employment status. Good Luck

[LIFE'SJOURNEY 970]

I believe that these two post are discussing the same interview; read his posting tp get a better picture of the situation.

http://www.visajourney.com/forums/topic/260848-denied-at-interview/page__pid__4003511__st__0entry4003511

[Brother Hesekiel 2,236]

You are playing with toy animals. You have a duck, a turkey, a mouse, a cute little rat, a pig, and a turtle. You didn't pick the dinosaur, although that would have been the most impressive animal.

There are 3 cornerstones to the ROC process which covers the intermingling of taxes, finances, and cohabitation (living together). All the stuff you listed is wonderful, more than you need. But the big hitter, the joint tax returns are missing. Strictly speaking, all you would need is joint tax returns, joint bank account, and a rental agreement in both your names. That would cover all 3 angles with a vengence. Quality over quantity.

As a new immigrant, asking Uncle Sam to allow you to stay in the country, you should have focused on taxes more than on credit cards or other small stuff. Uncle Sam expects all of us to die eventually and to pay taxes until that happens. Even if you make no money and your husband has very little money, you nonetheless should have filed jointly all those years. Good if you don't have to pay anything, but the process of filing is what counts.

Since the zookeepers are looking for the big animals first and the biggest one of them all, the dinosaur, is missing, they will ask you about it. That may slow your ROC down, or you may have to provide a letter explaining it. I personally don't see a valid reason why you didn't file any tax returns for the past years. You may have one, but explain that to the drones.

Postscript.

When you want to become a US citizen, the N-400 application specifically asks you whether or not you EVER have failed to file a tax return. That tells you what the Government is most and foremost interested in: your money.

Edited June 15, 2010 by Just Bob

[foreignfantasy 0]

I believe that these two post are discussing the same interview; read his posting tp get a better picture of the situation.

http://www.visajourney.com/forums/topic/260848-denied-at-interview/page__pid__4003511__st__0entry4003511

No, it's not the same interview, I have nothing to do with a K-1 visa, that's not my case. I just read some of it now, because you sent the link. My situation is different. We have a joint bank account, have had it for a few years. My phone is on his account, we have life, health, car insurance together and some other things.

Now back to my problem, I thought one is only required to pay taxes if one has an income. My husband doesn't have an income. His company pays taxes all right, but that's just the company. And the company is not in revenue, it's only in the process of being built, it makes no money of its own, it only has some money from investors. He as a person hasn't got a pay stub in a few years, therefore has zero income on his name. The shares he has in the company don't bring him any income, since the company is not producing any money yet. Is he supposed to file taxes nonetheless? Like I said before, as far as I know, one is not required to pay taxes in lack of an income.

I understand the dinosaur is missing , but I have no idea what to do about it. Is my husband supposed to file taxes showing zero income? Or am I supposed to do it, showing zero income as well? I was told before that it wasn't necessary. I can file taxes showing I have earned nothing, and file them as married, but I don't know if that's the procedure or if it is completely out of line and probably useless.

And in case the USCIS ask for proof of taxes, would this explanation be enough? I'm afraid they would deny my case because of this impossible situation.

[foreignfantasy 0]

You are playing with toy animals. You have a duck, a turkey, a mouse, a cute little rat, a pig, and a turtle. You didn't pick the dinosaur, although that would have been the most impressive animal.

There are 3 cornerstones to the ROC process which covers the intermingling of taxes, finances, and cohabitation (living together). All the stuff you listed is wonderful, more than you need. But the big hitter, the joint tax returns are missing. Strictly speaking, all you would need is joint tax returns, joint bank account, and a rental agreement in both your names. That would cover all 3 angles with a vengence. Quality over quantity.

As a new immigrant, asking Uncle Sam to allow you to stay in the country, you should have focused on taxes more than on credit cards or other small stuff. Uncle Sam expects all of us to die eventually and to pay taxes until that happens. Even if you make no money and your husband has very little money, you nonetheless should have filed jointly all those years. Good if you don't have to pay anything, but the process of filing is what counts.

Since the zookeepers are looking for the big animals first and the biggest one of them all, the dinosaur, is missing, they will ask you about it. That may slow your ROC down, or you may have to provide a letter explaining it. I personally don't see a valid reason why you didn't file any tax returns for the past years. You may have one, but explain that to the drones.

Postscript.

When you want to become a US citizen, the N-400 application specifically asks you whether or not you EVER have failed to file a tax return. That tells you what the Government is most and foremost interested in: your money.

I don't know whether not filing taxes because of having no income is the same thing as having failed to file.

Edited June 15, 2010 by foreignfantasy

[foreignfantasy 0]

I don't know whether not filing taxes because of having no income is the same thing as having failed to file.

I found this on the IRS website, which says you are only required to file taxes if your income reaches a certain level. Or, both our "incomes" so to say, add up to zero. Which means neither one of us would be required to file.

http://www.irs.gov/pub/irs-pdf/p501.pdf

Can I file for these past 3 years with zero income, married, jointly or separately? Would that fix the problem?

[sasaqlain 24]

You are playing with toy animals. You have a duck, a turkey, a mouse, a cute little rat, a pig, and a turtle. You didn't pick the dinosaur, although that would have been the most impressive animal.

There are 3 cornerstones to the ROC process which covers the intermingling of taxes, finances, and cohabitation (living together). All the stuff you listed is wonderful, more than you need. But the big hitter, the joint tax returns are missing. Strictly speaking, all you would need is joint tax returns, joint bank account, and a rental agreement in both your names. That would cover all 3 angles with a vengence. Quality over quantity.

As a new immigrant, asking Uncle Sam to allow you to stay in the country, you should have focused on taxes more than on credit cards or other small stuff. Uncle Sam expects all of us to die eventually and to pay taxes until that happens. Even if you make no money and your husband has very little money, you nonetheless should have filed jointly all those years. Good if you don't have to pay anything, but the process of filing is what counts.

Since the zookeepers are looking for the big animals first and the biggest one of them all, the dinosaur, is missing, they will ask you about it. That may slow your ROC down, or you may have to provide a letter explaining it. I personally don't see a valid reason why you didn't file any tax returns for the past years. You may have one, but explain that to the drones.

Postscript.

When you want to become a US citizen, the N-400 application specifically asks you whether or not you EVER have failed to file a tax return. That tells you what the Government is most and foremost interested in: your money.

The Most Impeccable reply I ever read on this website. Hats Off.

[sasaqlain 24]

I found this on the IRS website, which says you are only required to file taxes if your income reaches a certain level. Or, both our "incomes" so to say, add up to zero. Which means neither one of us would be required to file.

http://www.irs.gov/pub/irs-pdf/p501.pdf

Can I file for these past 3 years with zero income, married, jointly or separately? Would that fix the problem?

Since my wife quit her job and I still have not been able to find one, It seems our income for 2011-2012 filing will be $0. We will still pay H&R block $150 or so to file taxes for us with $0 as income. I believe Just Bob's explanation needs no further clarification. And yes, you can file for missed Tax returns for the previous years with $0 as income. If I were you, I would file the tax returns and attach the copies with an attached explanation why you failed to do so. Better safe than sorry. Good Luck!