tax return

[Princesa Ruth 1]

Hello, Folks. my interview is coming up next month on March 18,2013. in the checklist it says that we should bring with us a completed affidavit of support (I-864) with all required evidence including federal income tax returns, letter from employer for each sponsor unless already submitted. A little background, we submitted our adjustment of status this past year 2012, we got an RFE a week after we received my biometric appointment, everything went smoothly with the appointment and the next day we submitted the required documents to embassy from the RFE that we got. Now my question is, do my husband need to get a recent income tax return 2012 to bring with us in our incoming interview though we submitted an income tax return for 2011? ( because we submitted our AOS this past 2012 all the things that required for adjusting status)

[KayDeeCee 4,893]

If you two file your joint 2012 taxes before the interview, then bring a copy with you. Otherwise, no.

[Princesa Ruth 1]

he was planning not to file his taxes not until I get my temporary green card because I don't have an ssn yet for when we filed for my ssn it was too late already because my I -94 got expired. does he need to do it alone under his name?

If you two file your joint 2012 taxes before the interview, then bring a copy with you. Otherwise, no.

[KayDeeCee 4,893]

he was planning not to file his taxes not until I get my temporary green card because I don't have an ssn yet for when we filed for my ssn it was too late already because my I -94 got expired. does he need to do it alone under his name?

No. You two need to file married jointly for 2012. If you have not filed yet, then no need to bring it, as it does not exist yet. 2011 is what was required when you sent your I-864 and 2012 is not required until after the filing deadline in the middle of April this year. You are fine with what you have. Have your husband bring a copy of his 2012 W-2 to the interview, just in case they want to see he is still earning enough to meet the 125% income requirement for your household size. They may not even ask anything about it. If they do, simply tell the truth. That you have not filed yet and are waiting for your green card to get an SSN to file married jointly.

[Princesa Ruth 1]

thank you so much, Jay-Kay. this is what I needed just in case do you have any additional for this information? my husband is not satisfied with just one explanation or very simple and understandable sentences, he always wants to read a long sentence of explanation and everything.

No. You two need to file married jointly for 2012. If you have not filed yet, then no need to bring it, as it does not exist yet. 2011 is what was required when you sent your I-864 and 2012 is not required until after the filing deadline in the middle of April this year. You are fine with what you have. Have your husband bring a copy of his 2012 W-2 to the interview, just in case they want to see he is still earning enough to meet the 125% income requirement for your household size. They may not even ask anything about it. If they do, simply tell the truth. That you have not filed yet and are waiting for your green card to get an SSN to file married jointly.

[Princesa Ruth 1]

we got RFE this past January 2013 and we submitted all the required documents that they asked for including the 2011 income tax return. Now, my question is that, does it still apply to our situation that my husband don't need to submit a 2012 income tax based from what you said that it needed to be done jointly and not under his name alone? Everything seems fine when we submitted a 2011 tax return because I even got an appointment in less a month. are you really sure about what you have told me, Jay-Kay because I will tell this information to my husband and if seem illogical for him then I'll be put under fire. I have to do my part as a responsible wife and not just let him do everything. thank you in advance.

No. You two need to file married jointly for 2012. If you have not filed yet, then no need to bring it, as it does not exist yet. 2011 is what was required when you sent your I-864 and 2012 is not required until after the filing deadline in the middle of April this year. You are fine with what you have. Have your husband bring a copy of his 2012 W-2 to the interview, just in case they want to see he is still earning enough to meet the 125% income requirement for your household size. They may not even ask anything about it. If they do, simply tell the truth. That you have not filed yet and are waiting for your green card to get an SSN to file married jointly.

[KayDeeCee 4,893]

we got RFE this past January 2013 and we submitted all the required documents that they asked for including the 2011 income tax return. Now, my question is that, does it still apply to our situation that my husband don't need to submit a 2012 income tax based from what you said that it needed to be done jointly and not under his name alone? Everything seems fine when we submitted a 2011 tax return because I even got an appointment in less a month. are you really sure about what you have told me, Jay-Kay because I will tell this information to my husband and if seem illogical for him then I'll be put under fire. I have to do my part as a responsible wife and not just let him do everything. thank you in advance.

He CAN file married filing separately, but he cannot file as single. I suggest you wait to file jointly because it will help you when it comes time to lift conditions and file for your 10 year green card. Having evidence of co-mingling finances is important and they like to see that you filed your taxes jointly. It will also help later if you plan to file for citizenship, since you need to show you filed taxes since you became a US resident.

Why did you get the RFE? Did you not send in the 2011 tax transcript with the I-864 to begin with? It is a requirement to send in the most recent tax transcript with that form.

As I said, he can take a copy of his 2012 W-2 and recent pay stubs in case he is worried they will ask about proof of his current income.

The letter for interview is a general, blanket letter sent to everyone. It states to bring those unless already submitted. He did submit his most recent. 2011 is still the most recent tax return as 2012 taxes are not due to be filed until April 15, 2013. 2011 was the most recent tax year at the time he signed the I-864. 2011 will still be the most recent tax year at the time of your interview in March.

He does not have to take my word for it. He can do research on his own and then do as he wishes.

[Princesa Ruth 1]

thank you so much Jay-Kay. We got RFE just because the reviewer of our case didn't see it completely, I sent the tax transcript of 2011 and my husband was surprise too when we got RFE. We mostly sent the same thing to them the second time, there are only few things we added after our info pass appointment at the homeland security the next day.

He CAN file married filing separately, but he cannot file as single. I suggest you wait to file jointly because it will help you when it comes time to lift conditions and file for your 10 year green card. Having evidence of co-mingling finances is important and they like to see that you filed your taxes jointly. It will also help later if you plan to file for citizenship, since you need to show you filed taxes since you became a US resident.

Why did you get the RFE? Did you not send in the 2011 tax transcript with the I-864 to begin with? It is a requirement to send in the most recent tax transcript with that form.

As I said, he can take a copy of his 2012 W-2 and recent pay stubs in case he is worried they will ask about proof of his current income.

The letter for interview is a general, blanket letter sent to everyone. It states to bring those unless already submitted. He did submit his most recent. 2011 is still the most recent tax return as 2012 taxes are not due to be filed until April 15, 2013. 2011 was the most recent tax year at the time he signed the I-864. 2011 will still be the most recent tax year at the time of your interview in March.

He does not have to take my word for it. He can do research on his own and then do as he wishes.

[KayDeeCee 4,893]

thank you so much Jay-Kay. We got RFE just because the reviewer of our case didn't see it completely, I sent the tax transcript of 2011 and my husband was surprise too when we got RFE. We mostly sent the same thing to them the second time, there are only few things we added after our info pass appointment at the homeland security the next day.

Ahh, I have seen several RFEs like that, asking for things that were already sent in. I think sometimes they misplace some of the papers from people's files. Good luck at your interview!

[Princesa Ruth 1]

thank you again. Jay-Kay

Ahh, I have seen several RFEs like that, asking for things that were already sent in. I think sometimes they misplace some of the papers from people's files. Good luck at your interview!