AOS Help

[Brooklyn Guy 0]

i dont know where to start coz i think my problem is a unique and full of troubles but any help will be appreciated, i came to us on H1 visa 2002 and after working for couple of years lost my job and i lost my status and while working at a store i met this girl and we got married in sep. 2005, i didnt have good income so we rent out a room at her moms house and started living there we started saving some money so we could rent out a place and move there so we could file for AOS but it was not easy while living in ny renting an apartment without job was very hard and then my boss asked me to come to chicago as he was opening a restaurant there i took that opportunity and both me and wife thought it was a good idea to save some money i came to Chicago and she stayed in ny but i was regularly visiting her and sending her the money to support her to cut the story short i have now decided to apply for AOS after seven years of my marriage now the problem is we dont have tax returns together as i was not filling for taxes, i can get other proofs like joint bank, joint credit card,

utility bills on both of our names, life insurance ,apartment lease and affidavits from her mom and sister who attended our wedding .

now the question is what chances do i have in this case.both me and my wife are very scared with this situation.

any help in this regard will greatly appreciated.

[jaycali 415]

AOS after overstay isn't a problem if your wife is a US citizen. However, not filing taxes for 7 years will be a problem, since tax evasion is a felony. I highly suggest you file now. Better late than never.

[Brooklyn Guy 0]

AOS after overstay isn't a problem if your wife is a US citizen. However, not filing taxes for 7 years will be a problem, since tax evasion is a felony. I highly suggest you file now. Better late than never.

thanks for the reply yeah sure i am going to do that in one week time but i was scared if they ask me during the interview why i havent filed taxes with my wife thats my only concern. and yes my wife is american citizen.

Edited June 11, 2012 by Brooklyn Guy

[sn530 27]

In certain circumstances a individual is not required to file tax's.

Example minimum income requirements:

http://www.efile.com/tax/do-i-need-to-file-a-tax-return/

also, why have you not filed tax's? Unless the income was under the table. Usually there is quite a big benefit to file as a couple with the tax advantages. Also you can amend past 3 years of tax's. I would recommend you contact a local tax preparer also to assist in preparing past years tax's. Keep in mind there will be a penalty for not filing, but if the IRS owes you money then its only in your benefit to file.

[Brooklyn Guy 0]

In certain circumstances a individual is not required to file tax's.

Example minimum income requirements:

http://www.efile.com/tax/do-i-need-to-file-a-tax-return/

also, why have you not filed tax's? Unless the income was under the table. Usually there is quite a big benefit to file as a couple with the tax advantages. Also you can amend past 3 years of tax's. I would recommend you contact a local tax preparer also to assist in preparing past years tax's. Keep in mind there will be a penalty for not filing, but if the IRS owes you money then its only in your benefit to file.

since i was out of status i was working off the books that why.

[jaycali 415]

since i was out of status i was working off the books that why.

Then I would make it up by back filing. They'll know you worked either way.

Picture this:

IO: Did you work?

You: Yes.

IO: Have you paid taxes?

They seem to like to know that if you worked illegally, at least you paid your taxes.

[Ontarkie 14,191]

Moved to Adjustment of Status from Work, Student, & Tourist Visas