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Jelly

I-751 and tax returns

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Hi all

I am due to send in 751 in December 2006 and I was just reading some info about the evidence we need to supply.

I have read in a few places that we need to supply at least 2 years tax returns.

We married in June 2004 but didnt get work authorisation until end of December so I coudnt start work until beginning of 2005...ie no tax return for 2004 for me.

This means that this year will be the first tax return that we have filed together, and the paperwork for lifting conditions would be sent in before next years returns are filed. My question is, will this be a problem as far as evidence is concerned. ( we would only have one years worth of jointly filed tax returns)? Should I mention this on the cover letter or just send in what i have?

Also. when our original AOS paperwork was sent in, we had a co sponsor ( financial). Now i am working obviosuly we no longer need this, , but do i still have to include his tax forms in our application to lift conditions , or was that just for the initial application.?

Thanks in advance for your help

jelly

:luv:

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You should have filed jointly in 2004 whether you were working or not... Since you need to file your 2005 tax returns by April 15, you should have your 2005 tax returns as well.

In essence... there is no excuse for you not to have 2 years of tax returns by the time that you need to file your I-751.

Edited by zyggy

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Oh.. i was told that I didnt have to file as i had not been working?

Is there anything i can do about this now?

thanks

Jelly

:luv:

Presumably your spouse had income that year, regardless of your lack of employment authorisation? USCIS is looking to see that any tax returns are filed as married (joint or separate). The 2004 tax return that your spouse submitted to IRS should show the marital status.

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There's no legal requirement to file joint returns, but there IS a legal requirement that people who are married and who are required to file must file as married, either jointly or separately (or in some circumstances, head of household).

If you were a resident here but weren't required to file, then you probably had very little income. If that's the case, it is likely that you as a couple would have saved a significant amount of money by filing jointly instead of just one of you filing separately. When the I-751 adjudicating officer looks at this, the obvious question is, "why is it so important to this couple that they keep their tax returns separate, when they could have saved thousands by filing jointly?" While it's most definitely legal to file separately, doing so at great cost to yourselves might arouse suspicion when you try to paint a picture consistent with a bona fide married couple sharing finances.

You should have an answer ready for that obvious question. Perhaps the answer is that a joint return wouldn't have saved much (or any) money in your particular tax situation. Perhaps you didn't realize how much it would save -- if this is the case, you should consider filing an amended return and collecting the money.

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When we sent in our evidence, we only sent in one tax return and our application to remove conditions was approved 2 weeks ago. I dont think there is a requirement to send in two years worth of tax returns.

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When we sent in our evidence, we only sent in one tax return and our application to remove conditions was approved 2 weeks ago. I dont think there is a requirement to send in two years worth of tax returns.

I'm not saying it's required, in fact only one year may be available if you file your I-751 early in the year ... In thier case, they should have at least 2 years of returns available...

and If your spouse filed married filing seperately, you may want to revisit that by an amended return and file jointly. You'll probably get a lot more money back...

Edited by zyggy

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Thanks for your replies

I guess I didnt explain myself properly, so apologies.

My husband and I are both now working as from start of 2005 and therefore 2005 tax returns will be filed married and jointly.. not a problem.

But 2004, neither of us ( myself because I didnt have work auth) earned enough to file taxes. ( lived off savings and parental help blah blah blah.) So, because we originally had a sponsor, would this mean that we would have to send in his tax returns for 2004 with out I-751, or should we just ignore it and send in what we will have , ie just our own for 2005.

thanks

Jelly

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You know, does it state on the I-751 form that Tax reciepts need to be filed now? I know the form I used (the older one pre-Nov 2006) didn't mention anything about that being a suggested or required form to submit. I just lucked out and had talked to my old lawyer and he mentioned that they don't state it, but they want it. Maybe the new form states you need it now.

My question is has anyone (old or new forms) recieved their CG without sending in their taxes as proof?

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You know, does it state on the I-751 form that Tax reciepts need to be filed now? I know the form I used (the older one pre-Nov 2006) didn't mention anything about that being a suggested or required form to submit. I just lucked out and had talked to my old lawyer and he mentioned that they don't state it, but they want it. Maybe the new form states you need it now.

My question is has anyone (old or new forms) recieved their CG without sending in their taxes as proof?

Tax returns is one of the key pieces of evidence that you need, as it shows that you declare yourself as a married couple to the government. I would be very hesistant to file an I-751 without them, indeed it may increase your chances of requiring an interview.

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uuuuuuurmmm what if u hav no tax return nd ujust started working first time??????????

This applies to people who have already been permanent residents for 2 years; it doesn't apply to the fiance petition you've been asking about.

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I agree with zyggy, sending in the last year or 2 or 3 for that matter of tax return with your I-751 is a key piece of evidence confirming the couple's living together as husband and wife, although there maybe a few folks who would still need to file with married filing sperately, but stating married nonetheless is what should be done (yep, I for one don't want to give more to IRS than is required).....

so point being, send in your tax return info even if it says nothing about it.....

Amar :whistle:

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