Adjustment of status based on marriage without tax-return

[Senyorpomidor777 8]

Hello,

On April 29 of 2016 i need to send the documents for the adjustment of status based on marriage. I am planing to send followings:

1) Photos from vacations

2)Boarding tickets with both our names

3) apartment lease agreement with both our names

4)Affidavits from friends stating they’ve known both of you as a couple

​My question is if i am a student and don't work + my spouse files his tax return as single.What should i send, just his tax return or nothing but explanation that i am as student and my husband supports me?

[IcezMan_IcezLady 582]

You are adjusting based on marriage but your spouse files as "single"? That's some bs. Your husband has been lying on his taxes so that he pays lower rate.

Let's see how it goes.

[A'n'L 735]

What visa are you adjusting from?

Your husband need to submit the affidavit of support along with supporting documents (eg tax return).

Your spouse needs to re-file his taxes as married though...

[Senyorpomidor777 8]

Actually he pays more because of that.

[A'n'L 735]

Actually he pays more because of that.

So, why would he do that then?

[Michael and Ganna 103]

I think I smell fish

[Senyorpomidor777 8]

What visa are you adjusting from?

Your husband need to submit the affidavit of support along with supporting documents (eg tax return).

Your spouse needs to re-file his taxes as married though...

K1

I think I smell fish

no fish here

[Valor 131]

Depending on when did you get married. If you got married this year, then your husband's 2015 tax should be filed as "single".

[Senyorpomidor777 8]

So, why would he do that then?

It his choice. I still need to know answer for my initial question.

[Dave&Roza 748]

Hello,

On April 29 of 2016 i need to send the documents for the adjustment of status based on marriage. I am planing to send followings:

1) Photos from vacations

2)Boarding tickets with both our names

3) apartment lease agreement with both our names

4)Affidavits from friends stating they’ve known both of you as a couple

​My question is if i am a student and don't work + my spouse files his tax return as single.What should i send, just his tax return or nothing but explanation that i am as student and my husband supports me?

You need to include a COMPLETE tax return for the most recent tax year (a tax transcript from the IRS is the better choice) OR explain why you were not required to file a tax return. Just being a student and not having any EARNED income does not get you out of filing a tax return. I have been filing the 1040 since I was 14 YO because my Grandfather gave me some mutual funds and when I started working and having earned income I had to file the long form due to the capital gains and dividends--this was back before the IRS made parents include their children's SSN on their returns and before they started taxing baby-sitting money over $$600.

You and your husband should be filing your taxes as MARRIED filing jointly or MARRIED filing separately. The IRS really does not care about your filing status as long as you pay the taxes you owe or more than the taxes you owe. The USCIS may question you because you are filing for AOS based on marriage and if you are not filing taxes as a married couple is the marriage legit? Remember that it is the IRS that deals with tax law and the USCIS that deals with immigration law. The USICS does not know anything about what forms you should file or whether you are required to file a tax return or not. They just want to see a tax return or the reason you are not including one. They also want to see that you are combining your lives and by filing taxes as single shows them you are not combining your lives and they will get the bigger shovel out to do more digging into your relationship.

Dave

[Burnpro23 37]

Everybody jumping to conclusions. If they got married this year the spouse didnt have to file married at all.

[Harpa Timsah 13,258]

There also might be a language issue, the husband might file MFS and the OP might think that means "single."

OP: When did you get married?

[Longrangeshootr 20]

K1

no fish here

Agree with everyone here that they need to file taxes jointly here! This thread is confusing OP admits adjusting from K-1, but is sending all the info in as if they are Removing conditions. OP which is it, AOS or ROC? Edited April 15, 2016 by Longrangeshootr

[Longrangeshootr 20]

Everybody jumping to conclusions. If they got married this year the spouse didnt have to file married at all.

Agreed, depends on when they were married. When I filed my wife's AOS,we were married last year. Hence even though I filed our taxes jointly for last year this year, when I filed for her AOS last October I did not show a joint tax return. Now that being said when going for Removal of Confitions if you file it in the 2 year period after AOS you will need to show joint tax returns for the last 2 years.

[Senyorpomidor777 8]

Agree with everyone here that they need to file taxes jointly here! This thread is confusing OP admits adjusting from K-1, but is sending all the info in as if they are Removing conditions. OP which is it, AOS or ROC?

I used to have k1.Now i have temporary green card( 2 years) which expires on July 29. We got married in march 2014. For reasons of privacy my husband filing his Tax return as single.

Edited April 15, 2016 by Senyorpomidor777