Copy of Federal Tax

[RONKATHY 0]

My husband is Dual Citizen. He just found out that his mother was American (my husband was adopted and born here in Canada). He has since gone and received his American Citizenship and we are now looking at filing the I 130 petitions for myself and our children who are Canadian. We are told that at least one copy of one year of our federal taxes will be required. My husband has never filed obviously with the United States for his taxes being he had no idea of his heritage till just in November of this year. Will they just request a copy of his Canadian taxes instead or should my husband be filing immediately his 2007 taxes as soon as possible???? We probably won't be hearing from interview process till June of 2007 at earliest.

Kathy Sherback

[SameOldGuy 0]

My husband is Dual Citizen. ... We are told that at least one copy of one year of our federal taxes will be required. My husband has never filed obviously with the United States for his taxes being he had no idea of his heritage till just in November of this year. Will they just request a copy of his Canadian taxes instead or should my husband be filing immediately his 2007 taxes as soon as possible???? ...Kathy

Kathy:

USCIS is not that inflexible. They want to see whether your marriage is de facto true or fake. So, they wish to see if you and your husband file the tax together. Even it is Canadian tax return, provide them a xerox copy instead of original copy.

I think you do not have to hurry to file 2007 tax return because your husband's annual income / W2 is not ready.

W2 is ready usually end of the year. If you insist, I suggest your husband file that with you together after Jan. 2008.

Just provide whatever you have on hand as detail as possible.

Wish you luck.

[pushbrk 13,104]

My husband is Dual Citizen. ... We are told that at least one copy of one year of our federal taxes will be required. My husband has never filed obviously with the United States for his taxes being he had no idea of his heritage till just in November of this year. Will they just request a copy of his Canadian taxes instead or should my husband be filing immediately his 2007 taxes as soon as possible???? ...Kathy

Kathy:

USCIS is not that inflexible. They want to see whether your marriage is de facto true or fake. So, they wish to see if you and your husband file the tax together. Even it is Canadian tax return, provide them a xerox copy instead of original copy.

I think you do not have to hurry to file 2007 tax return because your husband's annual income / W2 is not ready.

W2 is ready usually end of the year. If you insist, I suggest your husband file that with you together after Jan. 2008.

Just provide whatever you have on hand as detail as possible.

Wish you luck.

The tax return is used for the affidavit of support filed later in the process, not with the petition. It is evidence of the USC's ability to support the immigrant. Yes, the return should be filed but unless the Canadian income will continue in the US, it won't qualify the USC as the immigrant's sponsor.

[Dual Citizenship 0]

Kathy...what was more important...your husband finding his mother or you immigrating to the US?

[Indirallu 0]

RonNkaty,

Unfortunately what they are asking for in your case is a tax return as proof of domicile

"Domicile is a complex issue and must be determined on a case-by-case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. “Temporary” may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

He/she left the United States for a limited and not indefinite period of time;

He/she intended to maintain a domicile in the United States; and

He/she has evidence of continued ties to the United States. "

If he cannot prove US domicile, he will be unable to petition you at this time.