MARRIED....SEPERATED ...DIVORCE AND MARRIED AGAIN

[adeayakay 0]

He is my scenario....

I was seperated from my ex wife in february 2015 and the divorced was final september 2015.

So because of this i filed single/divorced for the tax year 2015..

So now i got married again and getting ready to file adjustment of status for my wife and the I864 is asking for 3 year tax return.

i have 2013 and 2014 taxes that i filed married jointly with my ex wife

And for 2015, i filed single /divorced since i was already divorced before the end of the tax year for 2015

so my question here is wont this make me get an RFE because my ex wife name is listed on the tax return for 2013 and 2014

I make way more above the poverty guideline and also have copies of my W2 for both 2013 TILL 2015 that shows my income amount even while we filed joinly with my EX.

Advice needed ASAP

[3rd 84]

I don't think you're required to submit all three most recent tax years. They say you can, but it's not a requirement as we only sent the most recent year when we filed. You do, however, have to fill out the I-864 relating to your income for the last three tax years.

[JessDak 27]

If I were you I would just include a note explaining what you just explained to us. as well as a copy of your divorce papers to prove that you and your ex are no longer together and that her name only shows up because you WERE once in a relationship

[NikLR 13,227]

No you're not going to get an RFE for this, but the IO may ask your current wife about the short time frame between your divorce and your remarriage.

Edited May 14, 2016 by NLR

[aaron2020 11,651]

You do not need to submit tax returns for 2013 or 2014. You would only report your income; do not include your ex-wife's income.

You will need to submit your 2015 tax return.

[NikLR 13,227]

What kind of visa is your wife adjusting status from?

[Nich-Nick 3,354]

He is my scenario....

I was seperated from my ex wife in february 2015 and the divorced was final september 2015.

So because of this i filed single/divorced for the tax year 2015..

So now i got married again and getting ready to file adjustment of status for my wife and the I864 is asking for 3 year tax return.

i have 2013 and 2014 taxes that i filed married jointly with my ex wife

And for 2015, i filed single /divorced since i was already divorced before the end of the tax year for 2015

so my question here is wont this make me get an RFE because my ex wife name is listed on the tax return for 2013 and 2014

I make way more above the poverty guideline and also have copies of my W2 for both 2013 TILL 2015 that shows my income amount even while we filed joinly with my EX.

Advice needed ASAP

I filed for AOS using all 3 years of tax returns. One was a joint return with my previous husband. On the form that asks for total income for three years, I listed the number straight from the joint return without explanation, even though it was considerably higher than the other two years. I submitted transcripts for all three years, even though I was married on one and it listed my previous husband's name. No RFE. No questions. Greencard without interview.

They ask for info from three tax returns. You can't erase a previous marriage and joint returns. Give them your tax returns without explaining anything...one or three years. You have already established in paperwork you were married and proof the marriage ended. No point in hiding the former spouse on this part. They already know about her and when you divorced. I disagree with aaron2020 who said do not include your ex-wife's income. The form says Total Income from your tax returns. That joint tax return is your tax return as filed. Take the number straight off the joint return just like the form says. You can't make up some modified version of the return you filed.

[adeayakay 0]

What kind of visa is your wife adjusting status from?

from B1/B2

[adeayakay 0]

I filed for AOS using all 3 years of tax returns. One was a joint return with my previous husband. On the form that asks for total income for three years, I listed the number straight from the joint return without explanation, even though it was considerably higher than the other two years. I submitted transcripts for all three years, even though I was married on one and it listed my previous husband's name. No RFE. No questions. Greencard without interview.

They ask for info from three tax returns. You can't erase a previous marriage and joint returns. Give them your tax returns without explaining anything...one or three years. You have already established in paperwork you were married and proof the marriage ended. No point in hiding the former spouse on this part. They already know about her and when you divorced. I disagree with aaron2020 who said do not include your ex-wife's income. The form says Total Income from your tax returns. That joint tax return is your tax return as filed. Take the number straight off the joint return just like the form says. You can't make up some modified version of the return you filed.

You are right.. I even just requested for the W2 for the past three years from my job.

Incase the want to ask to se how much i made even while still married to my EX

No you're not going to get an RFE for this, but the IO may ask your current wife about the short time frame between your divorce and your remarriage.

Thats fine. We dont have any issue with that

[NikLR 13,227]

~~moved to AOS from tourist, work and student visas from Taxes and Finances. Topic is about adjusting status not about how to do personal taxes or finances~~