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I-751 evidance- is it ok to send only one year of Tax return?

#1 piggygiraffe

piggygiraffe

    Junior Member

  • PipPip


Posted 07 November 2010 - 08:26 PM

I just joined Visa Journey today. I've been helped a lot through this site.
Thanks to everyone. :)
I came to the US 2008 on K-1 visa.
Now, I am preparing papers for I-751.
I was wondering if it's ok to send only one year of Tax return, because
I hear that I have to send two years of Tax return, but I didn't find the information that I have to send 2 years of Tax return anywhere on I-751 form instruction.
I have only 2009 joint Tax return, I want to make sure if it's ok to send only one year of Tax return.
Thank you guys.
  • 0

#2 Udella&Wiz

Udella&Wiz

    Star Member



Posted 07 November 2010 - 08:42 PM

I just joined Visa Journey today. I've been helped a lot through this site.
Thanks to everyone. :)
I came to the US 2008 on K-1 visa.
Now, I am preparing papers for I-751.
I was wondering if it's ok to send only one year of Tax return, because
I hear that I have to send two years of Tax return, but I didn't find the information that I have to send 2 years of Tax return anywhere on I-751 form instruction.
I have only 2009 joint Tax return, I want to make sure if it's ok to send only one year of Tax return.
Thank you guys.



Shouldn;t be difficult to phone the IRS - they send it within about 2 weeks.
  • 0
Wiz(USC) and Udella(Cdn & USC!)

Naturalization
02/22/11 - Filed
02/28/11 - NOA
03/28/11 - FP
06/17/11 - status change - scheduled for interview
06/20?/11 - received physical interview letter
07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life
07/19/11 - Oath ceremony in Fairfax, VA
******************
Removal of Conditions
12/1/09 - received at VSC
12/2/09 - NOA's for self and daughter
01/12/10 - Biometrics completed
03/15/10 - 10 Green Card Received - self and daughter
******************

#3 piggygiraffe

piggygiraffe

    Junior Member

  • PipPip


Posted 07 November 2010 - 08:48 PM

Shouldn;t be difficult to phone the IRS - they send it within about 2 weeks.

Thanks for your quick respond.
well, problem with that, my husband said that he didn't joint file tax in 2008, since I didn't work that year.
I maybe apear as a dependant of my husband on the paper...I am not sure.
So, Technically I have only one year of Tax return that jointly filed.... :(
  • 0

#4 Anh map

Anh map

    K1 > AOS > ROC > USC



Posted 07 November 2010 - 08:50 PM

You want to show a comingling of your lives for the time that you've been married. Jointly filed tax returns are one of the examples of evidence given on page 2 of the I-751 Instructions under the heading: "Evidence of Relationship.".

If the only year that you've filed jointly is 2009 then send it. If you also filed jointly in 2008 then send that as well.
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#5 jkelly07

jkelly07

    Star Member



Posted 07 November 2010 - 09:04 PM

hi your getting ready to file your 1-751 to remove conditions joint....as husband and wife you should file your federal and state taxes.if you are working to showas husband and wife you have a bona fide relationship togather.and o bay the tax laws if you have 2009 tax when is your 1-751 time to remove conditions can you file for 2010 before it's due.. if not send your file and just see what happens rfe thay may not approve it.... ask any other vj members.. ask LOTOFPATIENCE for more help.. good luck
  • 0

#6 SonoranSongbird

SonoranSongbird

    Platinum Member



Posted 08 November 2010 - 12:10 PM

The thing with taxes is married couples choose whether to file a joint return or as "married filing separately" based on which is more advantageous to them. We did not file a joint return in 2008 either, so we will only be sending our 2009 joint return, but will note that we filed separate returns in 2008. It might not be a bad idea to mention in your cover letter that you did not file a joint return in 2008 just so they don't think it is missing, but other than that, I wouldn't worry about it. I'm sure there are couples here who have been approved without filing any joint returns. No one's going to file a joint return if it means paying more taxes than they would filing separately!

As JKelly said, you CAN file your 2010 taxes before they are due, but most likely you will not get all the documentation you need until at least late January, more likely some time in February (W2s from work, 1099s from banks, that kind of thing). I don't know what your time-line is, but waiting that long, even if possible, may not be worth it.
  • 0
K1
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5/27/2008 ~ Interview --- APPROVED!!
5/28/2008 ~ Visa in hand (239 days)

7/17/2008 ~ POE Portal, North Dakota
7/26/2008 ~ Marriage


AOS
8/26/2008 ~ Sent AOS/AP/EAD to Chicago lockbox
9/18/2008 ~ Biometrics in St Louis
9/22/2008 ~ Transferred to CSC
11/05/2008 ~ AP/EAD approved (71 days)
1/20/2009 ~ AOS approved!!! (147 days)
1/29/2009 ~ 2-year GC arrived (156 days)


Removing Conditions
11/18/2010 ~ Sent I-751 to CSC
11/19/2010 ~ I-751 delivered to CSC
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12/29/2010 ~ Touch
1/04/2011 ~ Case status finally available online
2/16/2011 ~ Approved!! (89 days)
2/22/2011 ~ 10-year GC arrived (95 days)

#7 piggygiraffe

piggygiraffe

    Junior Member

  • PipPip


Posted 08 November 2010 - 01:24 PM

Thanks, guys! Luckily we found out that my husband filed joint return on 2008. so I have joint filed tax return in both 2008 and 2009.
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