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How necessary is documentation of Taxes this time around?

By AtariBaby in Removing Conditions on Residency General Discussion

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AtariBaby Enthusiast

AtariBaby   17

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

I have a lot of evidence of bona fide marriage: photos, plane tickets, joint bank accounts, and can supply affidavits.

What's kind of a mess right now is taxes. It's complicated, but a) my wife files "married filing separately"; and b) being an entrepreneur, I have been negotiating payments with the IRS and that requires re-negotations with each year's filing, which is currently not done yet, because we have filed an extension. There is ample evidence that taxes have been paid in the past, and my wife is an employee so hers come out of her check automatically, but overall things are just... murky and unsettled, I guess you could say.

Is this a trouble spot that absolutely must be cleaned up before I submit evidence, before the interview, or not a major issue?

12/24/2010 I proposed. She accepted and stayed.

02/25/2011 Married!

03/19/2012 FINALLY submitted the AOS paperwork: I-130, I-485, I-765, etc.

03/23/2012 Received notification that USCIS has received everything.

03/26/2012 Biometrics Appointment Notice: April 23, 2012.

04/02/2012 NOA's received. Now we wait...

04/23/2012 Biometrics completed.

05/18/2012 EAD card mailed but not yet received.

06/06/2012 Rough interview but we think we're approved! Website says i485 status "Card Production".

06/12/2012 We received the "Welcome the United States" letters! Website says Green Card was mailed.

LIMBO: Green card lost in mail. Facing the possibility of paying hundreds in fees and basically repeating the entire process.

All good now! USPS lost it, then found it.

04/24/14 Back to VJ to get help with I-751, Removal of Conditions.

05/31/14 Mailed I-751 finally, with less than a week to deadline!

06/02/14 NOA1 (that was fast!)

07/01/14 Biometrics

7/25/14 Approved for Removal of Conditions

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Filing taxes is a major issue yes. In your case, can you submit evidence that you are "in discussion" with the IRS?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

kzielu Experienced

kzielu   1,153

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted

Taxes are absolutely zero issue during RoC. They could be evidence of co-mingling, but nobody looks at whether those have been paid or not. I sent two first pages of prior years 1040 just to show we filed as married (filed separately to be specific - for larger return) and absolutely nothing else that would have been related to taxes (but lots of other evidence) - got approved within 3 months.

AtariBaby Enthusiast

AtariBaby   17

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted

Do we have a difference of opinion here from two seasoned VJ posters? Others care to chime in? Is a consensus possible?

12/24/2010 I proposed. She accepted and stayed.

02/25/2011 Married!

03/19/2012 FINALLY submitted the AOS paperwork: I-130, I-485, I-765, etc.

03/23/2012 Received notification that USCIS has received everything.

03/26/2012 Biometrics Appointment Notice: April 23, 2012.

04/02/2012 NOA's received. Now we wait...

04/23/2012 Biometrics completed.

05/18/2012 EAD card mailed but not yet received.

06/06/2012 Rough interview but we think we're approved! Website says i485 status "Card Production".

06/12/2012 We received the "Welcome the United States" letters! Website says Green Card was mailed.

LIMBO: Green card lost in mail. Facing the possibility of paying hundreds in fees and basically repeating the entire process.

All good now! USPS lost it, then found it.

04/24/14 Back to VJ to get help with I-751, Removal of Conditions.

05/31/14 Mailed I-751 finally, with less than a week to deadline!

06/02/14 NOA1 (that was fast!)

07/01/14 Biometrics

7/25/14 Approved for Removal of Conditions

AtariBaby Enthusiast

AtariBaby   17

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted

A great bump for justice?

12/24/2010 I proposed. She accepted and stayed.

02/25/2011 Married!

03/19/2012 FINALLY submitted the AOS paperwork: I-130, I-485, I-765, etc.

03/23/2012 Received notification that USCIS has received everything.

03/26/2012 Biometrics Appointment Notice: April 23, 2012.

04/02/2012 NOA's received. Now we wait...

04/23/2012 Biometrics completed.

05/18/2012 EAD card mailed but not yet received.

06/06/2012 Rough interview but we think we're approved! Website says i485 status "Card Production".

06/12/2012 We received the "Welcome the United States" letters! Website says Green Card was mailed.

LIMBO: Green card lost in mail. Facing the possibility of paying hundreds in fees and basically repeating the entire process.

All good now! USPS lost it, then found it.

04/24/14 Back to VJ to get help with I-751, Removal of Conditions.

05/31/14 Mailed I-751 finally, with less than a week to deadline!

06/02/14 NOA1 (that was fast!)

07/01/14 Biometrics

7/25/14 Approved for Removal of Conditions

KayDeeCee Grand Master

KayDeeCee   4,896

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

It is important to show you filed your taxes as a married couple each year of your marriage; joint or separate does not matter. How much you make or owe is not part of the ROC process. Show that you both filed married separately and if you filed an extension for 2013, then show proof of doing so. Provide plenty of other co-mingling and co-habitation evidence as well.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

AtariBaby Enthusiast

AtariBaby   17

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
  • Author
Posted

It is important to show you filed your taxes as a married couple each year of your marriage; joint or separate does not matter. How much you make or owe is not part of the ROC process. Show that you both filed married separately and if you filed an extension for 2013, then show proof of doing so. Provide plenty of other co-mingling and co-habitation evidence as well.

^makes sense. Thank you.

12/24/2010 I proposed. She accepted and stayed.

02/25/2011 Married!

03/19/2012 FINALLY submitted the AOS paperwork: I-130, I-485, I-765, etc.

03/23/2012 Received notification that USCIS has received everything.

03/26/2012 Biometrics Appointment Notice: April 23, 2012.

04/02/2012 NOA's received. Now we wait...

04/23/2012 Biometrics completed.

05/18/2012 EAD card mailed but not yet received.

06/06/2012 Rough interview but we think we're approved! Website says i485 status "Card Production".

06/12/2012 We received the "Welcome the United States" letters! Website says Green Card was mailed.

LIMBO: Green card lost in mail. Facing the possibility of paying hundreds in fees and basically repeating the entire process.

All good now! USPS lost it, then found it.

04/24/14 Back to VJ to get help with I-751, Removal of Conditions.

05/31/14 Mailed I-751 finally, with less than a week to deadline!

06/02/14 NOA1 (that was fast!)

07/01/14 Biometrics

7/25/14 Approved for Removal of Conditions

NickD Grand Master

NickD   203

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

Tax transcripts from the IRS, free, is the best way to handle this, typically just one sheet of paper to make a copy of. Also ran a business and in our situation with both federal and state income taxes, we would have lost a lot of other deductions by filing separately.

Another variable, really didn't look into this for the other 49 states, in Wisconsin, as a married couple, we are both liable for each others debts. Filing separate returns, doesn't get you out of this.

No law against filing separate returns, but believe the USCIS wants to see both returns if you do.

 
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