Pls help, husband refuses to file tax and only submit I-864

[Annasttasiaaa 0]

My I-130 and I-485 package is ready to be filed. I am married to USC. Husband signed I-864 and submits letter from employer regarding his current income. We also got a Joint-Sponsor with sufficient income and supporting document. However, I just learned husband has not paid taxes since 3 years ago and is not going to do so! I am helpless.

Can I still file my I-485 package based on having a co-sponsor?

Are they going to send RFE? Is my case going to be denied should I never send the taxes?

Do you suggest that I only send I-130 for now?

What should I do?

[LIFE'SJOURNEY 970]

There is no way around this your husband will be required to file his taxes before the US government proceeds with his request to issue you an invite to a possible GC.

He wants something from the government, and the government wants something from him. Lets see who can hold out the longest on this.

[Sveta & Ron 23]

how did you get visa to come to the states without his tax returns? also the 485 ask for current tax papers and the past tax papers is optional I was told use same infomation as when sveta went for visa since no way i can do taxes yet as not received all me 1099's yet and with irs have delayed the tax codes

[Penguin_ie 5,997]

**** Moving from AOS from Family Visa to AOS from Work/ Student etc Visa as if OP is filing a I-130, she didn't seem to have come on a K1 ****

OP, there is no way around the tax filing for your primary sponsor, ie your husband. Your case will be denied and you lose the filing fee, so no point in filing.

[Villanelle 4,122]

Well to be fair the OP said her husband has not paid taxes since 3 years ago- not that he hasnt filed taxes. Theres a difference.

If he hasnt filed tax returns and has no intention of back filing them now. Then you can not adjust. If your husband did file taxes and has 3 years of returns but he just owes money and isnt paying- then you may be able to adjust.

[Mogambi 96]

How did you get a visa to come here without a tax return? Did he not submit any with his I-134 Affidavit of Support before?

He can file right now for last years taxes, he has until April 15. You aren't required to show more than 1 year return, they could ask for it, but you could file for last year, and once you have that tax return, then file AOS in the next month or so.

But um, no offense, but your husband sounds a bit crazy if he did no research and never thought in all of this they would want to see his tax returns. It's how they know if he has enough money to support you!

[VanessaTony 3,567]

How did you get a visa to come here without a tax return? Did he not submit any with his I-134 Affidavit of Support before?

Tax returns are NOT a requirement of the I-134. some countries however, request them as their own personal requirement.

Australia for example does not require tax returns (instead just goes by what the form actually requires) so my then fiance didn't show his either.

how did you get visa to come to the states without his tax returns? also the 485 ask for current tax papers and the past tax papers is optional I was told use same infomation as when sveta went for visa since no way i can do taxes yet as not received all me 1099's yet and with irs have delayed the tax codes

The I-134 itself does not require tax returns. Some countries may ask for them as their own requirement though.

The "current" tax return right now is 2011 because 2012 isn't due until April 15. The closest we get to April 15 though, the more likely they will request 2012 taxes or proof of an extension etc.

[Harpa Timsah 13,258]

OP didn't come on a K-1 visa - look at what forum this post is in. Also, she says she is filing I-130/I-485.

[I AM NOT THAT GUY 5,715]

OP didn't come on a K-1 visa - look at what forum this post is in. Also, she says she is filing I-130/I-485.

[bewildering 9]

Well to be fair the OP said her husband has not paid taxes since 3 years ago- not that he hasnt filed taxes. Theres a difference.

If he hasnt filed tax returns and has no intention of back filing them now. Then you can not adjust. If your husband did file taxes and has 3 years of returns but he just owes money and isnt paying- then you may be able to adjust.

Great point. Maybe he has been receiving earned income tax credit?

If he hasn't been filing taxes your immigration status won't be his biggest problem. You go to jail for not filing taxes. The IRS is powerful Tell him to phone them and come clean. They will talk to him. The majority of people who do not file taxes would actually have received a refund rather than owe money.

[Tintin and Mike 127]

He wants something from the government, and the government wants something from him. Lets see who can hold out the longest on this.

:thumbs:

[Alaska2012 462]

He must file file the taxes....if he pays or not is a different story that really doesn't matter in this process.

[Xanax 349]

Unfortunately OP, I think he will HAVE to file and pay (if needed) his taxes or your i-485 won't be approved.

[Penguin_ie 5,997]

He definitely has to file. He doesn;t need to pay it all, but should make payment arrangements.

[I AM NOT THAT GUY 5,715]

He definitely has to file. He doesn;t need to pay it all, but should make payment arrangements.

They will probably require an installment agreement. He should know that once the installment period ends, he will have to pay off any remaining balance, and as part of the agreement, he agrees to remain current with all his future taxes, or incur additional penalties, (something to be considered later, if and when you ever decide to become naturalized. You can be held jointly liable for any future tax obligations he incurs while you are married).