Need help to restart a process for green card

[scenicrentals 0]

Thanks for sharing. You have discussed a interesting topic. But actually I want to get knowledge about that. So I want to see some more posts.

[pushbrk 12,879]

Thanks for sharing. You have discussed a interesting topic. But actually I want to get knowledge about that. So I want to see some more posts.

If you have a question, start your own subject and ask it. Don't hijack this one.

[Trefletatoo 4]

Thank you so much, I have been looking everywhere to find it

Hello,

I am filling the I 485 and I don't know what to put for I am applying for an adjustment to permanent resident status because:

a. An immigrant petition giving me an immediately available immigrant visa number that has been approved

b.my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children ???

[jdh 103]

Hello,

I am filling the I 485 and I don't know what to put for I am applying for an adjustment to permanent resident status because:

a. An immigrant petition giving me an immediately available immigrant visa number that has been approved

b.my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children ???

It should be pretty straightforward. Is your spouse a us citizen? If so..a.

[pushbrk 12,879]

It should be pretty straightforward. Is your spouse a us citizen? If so..a.

a is correct but it is a bit confusing because in a concurrent filing the I-130 has not yet been approved and won't be until both are approved.

[Anh map 2,098]

This is incorrect. You do not send it to a service center. You send it to the lockbox, it goes to MSC, and the I-130 will be sent away from the service center and to MSC. It's all in the instructions.

My error. Passing out old info, and thinking in terms of RFE.

[Trefletatoo 4]

My error. Passing out old info, and thinking in terms of RFE.

It is me again question about the I 864. My husband stayed in France for 6 years and didn't filled his tax in the states during this time, he was filling in France with me.

So I don't have any W 2..... What should I do about that?

Again thank you for all your help it is so precious to me!

[jdh 103]

It is me again question about the I 864. My husband stayed in France for 6 years and didn't filled his tax in the states during this time, he was filling in France with me.

So I don't have any W 2..... What should I do about that?

Again thank you for all your help it is so precious to me!

I could be wrong, and If I am I am sure someone will pipe up, but I believe he still was required to file with the US government.

I would check that out...

[Mike Z 8]

It is me again question about the I 864. My husband stayed in France for 6 years and didn't filled his tax in the states during this time, he was filling in France with me.

So I don't have any W 2..... What should I do about that?

Again thank you for all your help it is so precious to me!

first, presumably he is now making enough now to fulfill poverty minimums?

second, you will have noticed question 25 on form i-864.

according to that, he has to file taxes for the last 3 years. (given the current date, that means filing 2011, 2010 & 2009).

you will probably need to see a tax attorney.

as a US citizen he would have needed to file US taxes in France as well. (only exempt if his income was such that he wouldnt have had to file at all. ie something like no earnings, no need to file)

I do not know what the penalty is for your husband to file late, and if he should also file for the years beforehand. ( you mention 6 years?)

usually, double taxation treaties mean that you don't actually pay taxes twice.

ie you live in france, file US taxes. Then file french taxes, saying how much you already paid to uncle sam, reducing your french tax exposure.

i am not sure if that works in retrospect for the french govt.

[Trefletatoo 4]

I could be wrong, and If I am I am sure someone will pipe up, but I believe he still was required to file with the US government.

I would check that out...

Thank you.

And what if I don't take him as a sponsor but a friend instead? Then I don't have to show his W2??

[Mike Z 8]

Thank you.

And what if I don't take him as a sponsor but a friend instead? Then I don't have to show his W2??

please read the appropriate guides.

you (well, your husband) will need to fill out I-864 anyway(!) even if he only made $1 as he is the petitioner.

your co-sponsor would help if your husbands income is insufficient but would be filed in addition to, not instead of your husbands I-864

/EDIT: i did not answer your actual question - yes, you would need to file required documentation for the I-864. if he did not get a W-2 (because he worked in France) he would still need to show a US tax return.

giving incorrect information on your husbands I-864 would be misrepresentation.

Edited May 3, 2012 by Mike Z

[Trefletatoo 4]

first, presumably he is now making enough now to fulfill poverty minimums?

second, you will have noticed question 25 on form i-864.

according to that, he has to file taxes for the last 3 years. (given the current date, that means filing 2011, 2010 & 2009).

you will probably need to see a tax attorney.

as a US citizen he would have needed to file US taxes in France as well. (only exempt if his income was such that he wouldnt have had to file at all. ie something like no earnings, no need to file)

I do not know what the penalty is for your husband to file late, and if he should also file for the years beforehand. ( you mention 6 years?)

usually, double taxation treaties mean that you don't actually pay taxes twice.

ie you live in france, file US taxes. Then file french taxes, saying how much you already paid to uncle sam, reducing your french tax exposure.

i am not sure if that works in retrospect for the french govt.

Well for the poverty minimums it is just about I might have to add a little bit...

The thing is we filled French taxes and paid it too for all those years......

Now if I have to wait until he will filled for the last 6 years...that is not gone help me with my papers getting started....

[Mike Z 8]

Well for the poverty minimums it is just about I might have to add a little bit...

please clarify what you mean by that?

"add a little bit" sounds like you might have a perception about what is required to reach the poverty level minimum that may not be accurate.

you need to look at how much your husband currently earns per year (ie what is his salary)

also, you are aware that the poverty minimum varies by family size?

im afraid i cant help with regards to this tax issue holding up your filing.

i think re-filing for previous years will not take forever.

[Trefletatoo 4]

please clarify what you mean by that?

"add a little bit" sounds like you might have a perception about what is required to reach the poverty level minimum that may not be accurate.

you need to look at how much your husband currently earns per year (ie what is his salary)

also, you are aware that the poverty minimum varies by family size?

im afraid i cant help with regards to this tax issue holding up your filing.

i think re-filing for previous years will not take forever.

Well the thing is that he started to work here in January and he is on a hourly rate so it depends how many hours he work each week and if the is overtime or not so it is difficult for me to evaluate how much he would be making at the end of this year, do I have to put an estimation?? And he will also get a raise next month, do I calculate that as well?

Yes I know about the family size.

I guess he would have to contact IRS to find out what we can do now......

[Darnell 8,478]

Thanks for sharing. You have discussed a interesting topic. But actually I want to get knowledge about that. So I want to see some more posts.

so read this forum topics, instead of hanging out in this topic, aye?