Not Enough Tax Returns?

[jcra615 53]

Hey VisaJourney Friends,

 

My husband will be applying for citizenship based on the 3-year rule in the coming year, so we’re starting to look into what documents we need to assemble for the application. Backstory, he entered the U.S. on a K1 visa and is currently in processing for the I-751 Removal of Conditions.

 

I’m seeing from the citizenship requirements that we should submit three years of tax returns. Here is the issue: by the time we file the N-400, we will only have two years of “married filing jointly” tax returns. The first year that we would have filed together, he was not able to work in the U.S. yet because he was in AOS processing, and we had previously lived in Ecuador, where I was making a small salary working with a US nonprofit based in Ecuador, not enough to meet the U.S. minimum income tax filing requirements. I have my W-2 from that year to prove that I did not meet the minimum filing requirement.

 

What should we do? For the I-751, we submitted my W-2 from that year, plus an affidavit we both signed explaining the situation.

Thoughts?

 

Thank you in advance!

[debbiedoo 2,339]

You can only submit what you have.

 

the first year he should have still be listed on your return even if he didnt make anything. even if you were not making enough (how did you get him here on a k1, then?) you should have filed.

[jcra615 53]

Just now, debbiedoo said:

You can only submit what you have.

 

the first year he should have still be listed on your return even if he didnt make anything. even if you were not making enough (how did you get him here on a k1, then?) you should have filed.

We had a co-sponsor for the K1.

I didn't make enough to have to file at all, though. That means I didn't legally have to file at all. 

I just checked again and the minimum filing requirement was $20,800 for couples married filing jointly. I made around $6,000 dollars while in Ecuador that year and he didn't make any money that would have counted towards that $20,800 threshold since he didn't receive his green card or any kind of work permissions in the U.S. until the following calendar year.

 

Do you think I should submit the affidavit and W-2?

[debbiedoo 2,339]

2 minutes ago, Carley said:

We had a co-sponsor for the K1.

I didn't make enough to have to file at all, though. That means I didn't legally have to file at all. 

I just checked again and the minimum filing requirement was $20,800 for couples married filing jointly. I made around $6,000 dollars while in Ecuador that year and he didn't make any money that would have counted towards that $20,800 threshold since he didn't receive his green card or any kind of work permissions in the U.S. until the following calendar year.

 

Do you think I should submit the affidavit and W-2?

as i said, you can only submit what you have.

 

@Greenbaum ?

[neoblast 138]

3 minutes ago, Carley said:

We had a co-sponsor for the K1.

I didn't make enough to have to file at all, though. That means I didn't legally have to file at all. 

I just checked again and the minimum filing requirement was $20,800 for couples married filing jointly. I made around $6,000 dollars while in Ecuador that year and he didn't make any money that would have counted towards that $20,800 threshold since he didn't receive his green card or any kind of work permissions in the U.S. until the following calendar year.

 

Do you think I should submit the affidavit and W-2?

If you were married when you filed and did not include him, you may need to file an amended tax return for the first year. Hopefully, you did not file as single and if so, your husband's name should have been listed in your tax return. Unless his name appears in your W-2 there would be no point in including that.

[jcra615 53]

1 minute ago, neoblast said:

If you were married when you filed and did not include him, you may need to file an amended tax return for the first year. Hopefully, you did not file as single and if so, your husband's name should have been listed in your tax return. Unless his name appears in your W-2 there would be no point in including that.

No no, when I filed this past return, when we were both making enough to file, we filed as "married, filing jointly." We did not file anything for the first year.

 

Thanks! 

[neoblast 138]

Well then, as debbiedoo: you can only submit what you have or wait a bit to avoid an RFE or a denial. I understand that you want to get this over but applying under 3-year marriage rule requires 3 years of tax return and/or anything proving you stayed together during the past 3 years. You could take a chance or wait until you file your taxes for this year. 

[Greenbaum 12,259]

29 minutes ago, debbiedoo said:

as i said, you can only submit what you have.

 

@Greenbaum ?

I agree. You can only do with what you have to do.