Marriage based greencard

[sensuelle1985 10]

Hello guys,

My husband and I are in the process of filling for my change of status. we are filling I-130, I-485, I-765, I-864 x 2 (petitioner and joint sponsor) all together. We wanted to also fill for I-131 but was told that I could raise a red flag. I'm am here on a F1 visa and have been married to my husband since 2012 (at the court house with just my cousin and his mother as witness) and have a son who was born in 2010. We are having some concern as he has not file taxes since 2013. (last tax return filed was for 2012). We live in the house where I have been since 2008 so his name is not on the lease. We moved to an apartment (I still had my house) for 2 years then move back to my first place. We have a joint account since 2014, a car with both our name in it, car insurance, cable bill on his name. We have a joint sponsor who makes way above the poverty line. Also I receive food stamps for my children (they are US citizen).

1- Does him not being on the lease will be a problem?

2- we requested his tax transcript to show that his did not file taxes and have wrote a letter explaining. will that be enough as we have a joint sponsor?

3- Also I file as self employed and always files as head of household. would that be an issue? Do I have to show my taxes since he is petitioning for me and we have a sponsor?

[pilotkausa 5]

there is no definite answer to your questions because it all depends on IO really. I can only give you my 2 cents. I am in the similar situation. I've been married to my USC husband for 2 years and we have lived together for almost 4. I filed my taxes twice as a head of household and claimed his son as a dependent. My husband has been self-employed for last 3 years and didn't file taxes right away(partially his fault and partially CPA's.. ugh). he filed backtaxes for last 3 years a few months ago and it took forever to be processed. in your case you have a joint sponsor and your husband would just have to explained why he didn't file his taxes and prove that he was not required to do so because his income was below certain amount. I couldn't do that because we don't have a joint sponsor...

you don't have to report your tax returns to USCIS unless you filed jointly or you're claiming your income as a part of your household income.

I think you'll be just fine.