help my husband doesnt want to file taxes!!

[titaxxx 0]

hi, i am married to a US citizen, i am currently a conditional permanent resident, and i will have to file for the removal in august 2010. since my 2 year green card expires in november. now this is my problem, my husband hasnt done his taxes since 2006. when i sent all the applications i never send the taxes and they never gave me problems, and when i went to the interview with my husband they didnt ask many questions. nothing about taxes. but now. since i have been a conditional resident since november 2008 i got a job last year , and i want to do my taxes. what will happen if i file separately. i am aware that some couples do that. but since i am not a citizen and i have to watch what i do. then i am very confuse cus my husband keeps avoiding to do the taxes... please helpppppp!!! thanks a bunch

[christeen 966]

Just file married filing seperatly... no problems for you... However, it might trigger a check on your hubby. But I would not omit filing as it will cost you BIG TIME years down the road if you do not file... Plus, depending on what you earned/paid in taxes, you could get a refund...

But it is perfectly OK to file married filing seperatly

[redmen99 1]

Just file married filing seperatly... no problems for you... However, it might trigger a check on your hubby. But I would not omit filing as it will cost you BIG TIME years down the road if you do not file... Plus, depending on what you earned/paid in taxes, you could get a refund...

But it is perfectly OK to file married filing seperatly

Exactly what christeen said. Many people don't files taxes in fear that they will have to pay. The IRS eventually catches up to those people and impose high fees and interest on money owed and those people can possibly face time in jail. It is simply not worth it, especially if you are here on a green card. Do the right thing and file your taxes.

[titaxxx 0]

thank you for replying so promptly. okay but when i send the next application to remove my conditional status, dont i have to send copy of taxes? what else do i send? to prove that we are together besides pictures. we only have car insurance together and health insurance,... no bank accounts or bills, because he takes care of it all. and i have my own bank account so i dont know .. some people scare me and tell me that they will doubt it and get me deported. =(

[trailmix 77]

Hi titaxxx,

I am moving your topic from the Canada forum to Removing Conditions because that seems to be where your question is going.

Yes, maybe it would be helpful for him to file the taxes so that you have that 'joint' type of proof, but since he won't and short of duct taping him to a chair and forcing him to file, you can't make him - maybe you need to start looking at providing other proof. Why don't you open a joint bank account, for instance? Why don't you get a bill in both your names, or at least one in your name so that you can show you both live at the same residence.

[Brother Hesekiel 2,235]

Well,

first of all, it is beyond me how you could get a Green Card if you husband hasn't filed his taxes since 2006. Part of the AOS process is to submit the past 3 tax returns, so if you got your GC in 2008, that would be 2005-07, or, best case scenario (depending on the timing) 2004-06. My only explanation would be the latter case.

The default is that you and your husband file taxes jointly as a married couple. As such, you are responsible for your husband's taxes as well, by the way. Yes, you can file taxes separately, married, but I am quite sure that they want to see your husband's tax returns in any case, 'cause . . . imagine you file your taxes separately, yet married, and your husband, who's separated from you for years, files his as "single" as he divorced you already. Isn't the case? Prove it! How do you prove it? By showing both your and your husband's tax returns, and that's what the immigration people want to see from you before they even take a clook closer at your file.

That pretty much requires for your husband and you to catch up on your taxes before your I-751 can be approved. Filing late implies harsh penalties and obscene interest, but it only gets worse. I'm saying this with a bit of hesitation, but based purely on your very own interest in removing conditions, you might have to consider bringing this to the IRS's attention. You need those tax returns before November, or you're in trouble.

One way to get your husband's attention is to tell him that you talked to an attorney on the phone and he advised you to do your taxes ASAP in order to exercise damage control. Don't threaten him to report him, just tell him that if you attach your tax returns they will ask for his as well, and if you answer truthfully, which you are required to do, one of Uncle Sam's elves will come and twist his arm until he pays. More precisely, all he has to do is to enter an agreement with the IRS on how to pay the outstanding taxes. Part one of that, however, is to file.

[Jupiter07 12]

hi, i am married to a US citizen, i am currently a conditional permanent resident, and i will have to file for the removal in august 2010. since my 2 year green card expires in november. now this is my problem, my husband hasnt done his taxes since 2006. when i sent all the applications i never send the taxes and they never gave me problems, and when i went to the interview with my husband they didnt ask many questions. nothing about taxes. but now. since i have been a conditional resident since november 2008 i got a job last year , and i want to do my taxes. what will happen if i file separately. i am aware that some couples do that. but since i am not a citizen and i have to watch what i do. then i am very confuse cus my husband keeps avoiding to do the taxes... please helpppppp!!! thanks a bunch

You can file your taxes together, file together with Form (I forgot the number). The name for the form is "injured spouse". That way you will not be liable for the taxes he owes. That form cannot be filed online, so you either do your taxes electronically and file the form by snail mail, or file both by snail mail. It will take longer to get your refund. The former is faster by maybe 2wks. Your refund, if any, will be a hard check in both your names. You will need both signatures to deposit, some banks may allow deposit with one signature but to a joint account.

[Bobby+Umit 161]

IRS Nonfiler CI

and where to report it:

IRS CI Report

Edited March 23, 2010 by Bobby+Umit

[Yurika & Jim 77]

IRS Nonfiler CI

and where to report it:

IRS CI Report

Are you suggesting OP to report husband?

[Bobby+Umit 161]

Are you suggesting OP to report husband?

Yes.

[Brother Hesekiel 2,235]

I have to -- somewhat -- agree with Bobby on this one. The O.P. absolutely needs to provide tax returns for her I-751 petition. In fact, they are the number 1 proof that the couple is still married and cohabiting, with their finances intermingled. If she cannot provide tax returns or tax transcripts, her petition will most likely be denied and deportation procedures will be initiated.

Given these serious threads, it is paramount for her to get her husband to file his taxes. There is no way to escape the tax burden; it's easier to escape the Mafia'####### man than Uncle Sam's relentless tax executioners. So it really is the smartest thing to file and look at the total damage, then agree on a payment plan.

If I were in the O.P.'s position, I'd try to talk sense into my husband, especially since I, as the married spouse, am responsible for his taxes as well. But if this doesn't work, I would ask for help in getting him on the right track.

It surely is a difficult route to pursue, but I don't see any other option if she wants to stay in this country.

Edited March 23, 2010 by Just Bob

[titaxxx 0]

thank you for all the answers.. well yeah i have been talking to him about it ever since i found out that he wasnt doing his taxes . and that was when we first got married. and i filed for the green card. he said that he doesnt have to pay taxes, because they take them from his pay check. i know is a lie. so this has caused several arguments. i really want to do my taxes. he keeps avoiding it. i dont know if this will really affect me when i filed for the removal of condition.

[w8inglongtime 29]

thank you for all the answers.. well yeah i have been talking to him about it ever since i found out that he wasnt doing his taxes . and that was when we first got married. and i filed for the green card. he said that he doesnt have to pay taxes, because they take them from his pay check. i know is a lie. so this has caused several arguments. i really want to do my taxes. he keeps avoiding it. i dont know if this will really affect me when i filed for the removal of condition.

If your husband doesn't want a cellmate called BUBBA, he better stop playing with uncle Sam's money and file those taxes. It will be better for him now than to wait and have the IRS knock on your door.

Remember the saying. Rain, Death and Taxes are part of life and there's no hiding from that.

[rika60607 215]

There may be reasons why your husband does not want to file taxes.

Who knows, may be he would be going to jail as soon as IRS catches up to him.

I would not be reporting him to the IRS, but you can file as married filing separately and just take care of your side of things.

Tax returns are usually expected with I-751, and most likely you will receive a request for them if you do not provide them outright. However, you may get lucky and (if you have plenty of other financial evidence) you may get approved without taxes.

But of course your husband's allergy to the IRS needs to be addressed eventually, or you both might end up in trouble.

thank you for all the answers.. well yeah i have been talking to him about it ever since i found out that he wasnt doing his taxes . and that was when we first got married. and i filed for the green card. he said that he doesnt have to pay taxes, because they take them from his pay check. i know is a lie. so this has caused several arguments. i really want to do my taxes. he keeps avoiding it. i dont know if this will really affect me when i filed for the removal of condition.

[Brother Hesekiel 2,235]

Hellllllllllllloooooo!

The O.P. is responsible for her husband's taxes. She is responsible for his taxes, as she is his wife. If he owes taxes, she owes taxes. If she owes taxes, she is a bad resident. Bad residents don't get rewarded with 10-year Green Cards. Anybody home?