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Tefaniemuel

NOT filing tax can be grounds for ROC denial?

By Tefaniemuel in Removing Conditions on Residency General Discussion

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Tefaniemuel Newbie

Tefaniemuel   0

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Filed: K-1 Visa Country: Philippines
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Hi everyone!need your advice regarding my case.i have been here at the US for almost three years and about to start filing for my removal of condition. My question is if my hubby didnt file for his tax since we got married 3 years ago can it affect my application? He dint have enough income to qualify for the filing of tax since he dint reach the minimum requirement by the government and been into school recently. Your help will be highly apprecited!Thanks

nitehero Enthusiast

nitehero   6

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

Hi everyone!need your advice regarding my case.i have been here at the US for almost three years and about to start filing for my removal of condition. My question is if my hubby didnt file for his tax since we got married 3 years ago can it affect my application? He dint have enough income to qualify for the filing of tax since he dint reach the minimum requirement by the government and been into school recently. Your help will be highly apprecited!Thanks

Well it's not grounds for denial, but most definitely grounds for RFEs and a potential interview for your case. Even if your husband wasn't making money, you still should have filed jointly as a couple. Write a letter explaining the reason you didn't file taxes jointly and include that with you ROC package, but more than likely, your case might need an interview (not 100% sure though)

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newacct Experienced

newacct   688

Posted
Filed: Timeline
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If he legally did not file taxes because he was not required to (because he was below the filing threshold), then there is nothing to be ashamed of. There might be some explaining to do but it's not going to be a problem.

A spouse cannot be a "dependent" -- a spouse can get 1 "personal exemption", usually by filing as Married Filing Jointly (or even as Married Filing Separately if the spouse is not filing a return; but filing jointly is usually better tax-wise than separately).

nitehero Enthusiast

nitehero   6

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

Thanks! If we file this year and ill be added as a dependent would that be enough to send as part of the requirements? Will they still ask for the previous years of not filing tax?

Just select "Married filing jointly" when doing your tax returns and fill out the tax forms with W 2 for the spouse with the income in your marriage. That's all you need to do, you can't be a dependent to your spouse..

AOS from F1 visa
11/09/12, Mailed AOS package (I-130, I-485, I-765) to Chicago lockbox.
11/13/12, Package delivered to Chicago lockbox.
11/16/12, Text & email received for all 3 forms.
11/16/12, I-130 & I-485 checks cashed.
11/22/12, NOAs received for I-130, I-485, I-765.
12/11/12, Biometrics appointment (12/27) NOA received.
12/12/12, Successful Walk-in biometrics @ Varick Street Manhattan ASC.
12/18/12, Online case status available (I130-initial review; I1765-initial review; I485-testing and interview)
01/14/13, Notice of EAD approval via text & email.
01/22/13, EAD received.
03/24/13, Online status notification for interview April 30th.
04/30/13, Interview @ Federal plaza, NYC. No decision, pending background check
07/10/13, Day 244 Approved (after a very long wait)

07/18/13 Green Card in hand

ROC

04//14/15 Mailed ROC package (I-751) to Vermont Service Center

05/08/15 Received receipt notice dated 04/16/15

03/22/16 Approved (after 11.5 months)

N400

05//24/16 Mailed N400 package USCIS (Dallas)

12/05/2017 Interview notice arrived

01/03/2017 Interview completed

03/03/2017 Oath Ceremony

 
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