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Filed: Country: Haiti
Timeline
Posted

As a USC you are require to file an income tax return every year from age 18 to death (if you have income you must file even if under 18 as I had to file when I was 14 YO and your decendants file your last tax return typically the year after your death). If I was your husband I would file a tax return for 2010 to show that he owed no income tax. Get a transcript of that return and one for 2011--you will be asked for it is my bet. Some people who are unemployed have investment income that has tax consequences. That is the pain of becoming a LPR and being a USC is filing US taxes on world wide income.

The co-sponsor is on the hook to repay the US government should you accept any means tested benefit from the US government until you reach 40 quarters of income (10 years), become a USC, leave the US abandoning your LPR status, or die.

Good luck with the AOS,

Dave

Hi ,Dave.Can this still be done even though the deadline to file taxes has passed? Im getting a bit nervous and disappointed that a simple matter like this can actually prevent me from being granted permanent residency.You know what,I will let things be..Whatever happens ,happens.

Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

Hi ,Dave.Can this still be done even though the deadline to file taxes has passed? Im getting a bit nervous and disappointed that a simple matter like this can actually prevent me from being granted permanent residency.You know what,I will let things be..Whatever happens ,happens.

You can file taxes at any time, you are penalized for filing late if you were required to file.

It won't prevent you from getting your green card, necessarily, it will just delay it. It could result in a denial if they ask for it and you don't get it to them on time. Which could very well happen if he still hasn't filed his 2011 taxes by the interview. It takes time to process the return.

Letting things be could be the worst thing you could do. Take care of it in case you need it. If you love your husband and want to stay with him,that is.

If you don't really care either way, just let things be... :bonk:

It's easy enough to take care of, so I really don't see what the issue here is aside fromr your husband possibly trying to break the law.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Posted

You'll only be penalized if you owed money. If they owe you, or no money is owed either way, no penalty.

Certain people don't have to file depending on income. OP, I know you said you talked to an accountant and he said it would be too hard - I would get a (free) second consult, tax issues shouldn't be "too complicated" for a good accountant!

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Filed: Country: Haiti
Timeline
Posted

Thanks guys.I'll see what we can do to solve this tax issie before the interview.

Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

 
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