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I-751 and tax returns

#1 Jelly

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Posted 31 January 2006 - 11:30 AM

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
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#2 zyggy

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Posted 31 January 2006 - 12:24 PM

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, 31 January 2006 - 12:24 PM.

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#3 Jelly

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Posted 31 January 2006 - 12:30 PM

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
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#4 diadromous mermaid

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Posted 31 January 2006 - 12:43 PM

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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#5 lucyrich

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Posted 31 January 2006 - 02:18 PM

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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#6 DCFer

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Posted 31 January 2006 - 02:25 PM

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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#7 zyggy

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Posted 31 January 2006 - 03:14 PM

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, 31 January 2006 - 03:16 PM.

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#8 Jelly

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Posted 01 February 2006 - 10:59 AM

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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#9 warlord

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Posted 03 February 2006 - 08:37 AM

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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I'm just a wanderer in the desert winds...

Timeline

1997
Oct - Job offer in US
Nov - Received my TN-1 to be authorized to work in the US
Nov - Moved to US
1998-2001
Recieved 2nd, 3rd, 4th, 5th TN
2002
May - Met future wife at arts fest
Nov - Recieved 6th TN
2003
Nov - Recieved 7th TN
Jul - Our Wedding
Aug - Filed for AOS
Sep - Recieved EAD
Sep - Recieved Advanced Parole
2004
Jan - Interview, accepted for Green Card
Feb - Green Card Arrived in mail
2005
Oct - I-751 sent off
2006
Jan - 10 year Green Card accepted
Mar - 10 year Green Card arrived
Oct - Filed N-400 for Naturalization
Nov - Biometrics done
Nov - Just recieved Naturalization Interview date for Jan.
2007
Jan - Naturalization Interview Completed
Feb - Oath Letter recieved
Feb - Oath Ceremony
Feb 21 - Finally a US CITIZEN (yay)

THE END

#10 zyggy

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Posted 03 February 2006 - 02:04 PM

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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Knowledge itself is power - Sir Francis Bacon

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#11 rosezahra

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Posted 13 February 2006 - 10:32 AM

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

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Posted 13 February 2006 - 01:09 PM

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.
  • 0
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How Do I Remove The Conditions On Permanent Residence Based On Marriage?

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Here are more links that I love:
Arriving in America, The POE Drill
Dual Citizenship FAQ

Other Fora I Post To:
alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com
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#13 rosezahra

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Posted 13 February 2006 - 01:55 PM

confused..... when do they ask for the tax returns after k1 accepted or during process..oh nd wat r tax returns :blush:
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#14 MrTudo

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Posted 18 February 2006 - 11:56 AM

I didn't see where it's even necessary to include tax returns on this.

Did I miss it?

Mr T :blink:
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#15 Live By Faith

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Posted 20 February 2006 - 11:48 AM

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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Details of older petition timelines are in "Our Story" section

May 28, 2009 - Filed N-400 application for Naturalization

June 08, 2009 - NOA 1 received in the mail dated June 01,2009

June 15, 2009 - Biometrics Appt Letter received for July 02, 2009

July 02, 2009 - Biometrics Done - awaiting interview letter

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