help my husband doesnt want to file taxes!!

[LT.Nora 7]

Let me try to explain this like I would explain this to a 6-year-old.

Even if she files her taxes for 2009, she (a) has NO RETURN for 2008 (or 2007, for that matter), and (b), she ownes the taxes for said years, as neither she nor her husband have filed.

Step down to a 5-year-old.

Somebody who owes the IRS taxes for two years, and somebody who cannot provide the requested tax returns, will not get a 10-year Green Card, nor will she be able to become a naturalized USC until this issue is resolved.

I rest my case, as I can't find out how to explain this to a 4-year-old.

She wouldn't need her return for 2007 or 2008 because she wasn't working. Her husband will have to file married filing separately for those years too and that will keep her away from his liability.

No need to insult here.

[Jupiter07 12]

She wouldn't need her return for 2007 or 2008 because she wasn't working. Her husband will have to file married filing separately for those years too and that will keep her away from his liability.

No need to insult here.

Was kicked out of some discussion board for telling pple to be nicer and I agree with OCPPlastique: No need for insults. If you know you can't write something nice, just don't post...

Edited March 25, 2010 by Jupiter07

[elguevon 16]

Just Bob" you dont have to be ofensive.. i dont think any one in here is under 6 years old. all i am asking for is some opinions and advice. i thank all of you who help me without sarcasm or negative critics...

i guess i well seek a lawyer. thanks .

Mira...voy a contestarte en español para que lo entiendas mejor. No hay necesidad de hablar con un abogado sobre este tema ahorita...es mejor que hables con un profesional de impuestos (por ejemplo H&R Block) sobre la situación, no de tu caso de I-751. Tienes que arreglar primero los impuestos.

Lo mas importante de TODO TODO TODO, es que tu esposo tiene que entregar las formas de impuestos por los anos que no las ha enviado. Sin duda. Tu esposo debe tener las formas de W-2's de su trabajo. Si las tienen, Uds podrían hacer los impuestos por los anos pasados en un dia con un profesional de impuestos (si el no tiene tantas deducciones/complicaciones). Y ya! Y con esas, ya tienes las formas de impuestos que necesitas para mandar con tu paquete de I-751.

Uno de los temas mas complicados de entender para un inmigrante nuevo son los impuestos. Podría ser una tema muy complicado para cualquier persona, que tiene un mes u 80 anos viviendo aquí. Pero es un hecho que en EEUU, tienes que entregar los impuestos. Si tu esposo no quiere, podria ser que el esta ocultando algo y tendrías otro tipo de problemas en tu matrimonio, no necesariamente de impuestos. Como muchos te dijeron antes, es mejor resolver el problema de los impuestos con tu esposo ahorita ANTES de que apliques con el I-751 para incluir las formas de LOS DOS juntos en el mismo paquete.

ENGLISH TRANSLATION FOR THE REST OF THE FORUM:

Look...I am going to answer you in Spanish so you better understand. It is not necessary to speak with a lawyer about this topic now...it is better that you speak with a tax professional (for example H&R Block) about the situation, not of your I-751 case. You first have to fix the taxes.

The most most most important of all is that your husband submits his tax forms for the years that he didn't file. Without question. Your husband should have his W-2s from his work. If you have them, you both could do the his taxes for the years past in 1 day with a tax professional (if he doesn't have tons of deductions/complications). And that's it! And with these, you have the tax forms needed to send with your I-751 packet.

One of the most complicated topics for a new immigrant to understand is taxes. It could be a complicated topic for any person, whether living here 1 month or 80 years. But it is a guarantee that in the US, you must file taxes. If your husband doesn't want to, it could be that he is hiding something and you'll have other types of problems in your marriage, not just taxes. Like a lot of people told you previously, it is better to resolve this tax problem now BEFORE you apply for your I-751 to include the forms for BOTH of you together in the same packet.

[Kathryn41 3,205]

I will add my official warning to the comments others have already posted - there is absolutely no need to be condescending and insulting. If you cannot provide information in a courteous manner, then do not say anything at all because it really adds nothing useful to the discussion.

Edited March 25, 2010 by Kathryn41

[rika60607 215]

There you go, you can get an extension until August 15, 2010 to file your taxes (jointly or not), if you need more time to decide on your course of action.

http://www.irs.gov/newsroom/article/0,,id=108167,00.html

i will have to file for the removal in august 2010.

[Brother Hesekiel 2,235]

I have tried to explain this in a quite reasonable manner, but it didn't get through, as some of the responses clearly show. Therefore, and only therefore I've been trying to explain it in an even simpler manner. But even that, as some of the responses show again, was obviously still too complicated. I accept the blame for this. Now I will try to do this in the most simple way I can. If I fail again, I give up.

When filing for Removal of Conditions via form I-751, it is REQUIRED to submit tax returns for the time period from becoming a LPR on.

USCIS I-751 Instructions

Under Evidence of Relationship it states explicitely:

"The documents should cover . . . . joint federal and state tax returns."

The O.P. has no tax returns since 2006. She has no tax returns, because her husband didn't file at all. She also has no tax returns of her own, since she didn't work. So even if she files her own taxes for 2009, she has no tax returns for 2008.

Deductive logic now:

If tax returns are required to remove conditions, and tax returns do not exist, conditions cannot be removed.

Even worse, not only can the O.P. not produce any tax returns, she and her husband, as a married couple, have failed to comply with Federal law: filing income taxes. The missing tax returns will trigger an RFE, and that RFE will most likely cause serious problems.

I'm holding my peace now.

[Jupiter07 12]

When filing for Removal of Conditions via form I-751, it is REQUIRED to submit tax returns for the time period from becoming a LPR on.

USCIS I-751 Instructions

Even worse, not only can the O.P. not produce any tax returns, she and her husband, as a married couple, have failed to comply with Federal law: filing income taxes. The missing tax returns will trigger an RFE, and that RFE will most likely cause serious problems.

I'm holding my peace now.

I wonder if anyone understands this form like I do:

Required Evidence of r/ship (pg 2 of 751): Submit copies of evidence indicating that the marriage upon which you were granted conditional status was entered in "good faith" and not .... Submit copies of as many dox as you wish to establish the fact and to demonstrate the circumstances of the r/ship from the date of the marriage to the present date .... The dox should cover but not limited to the following examples:

1. B/C

2. ...

3. Financial records showing joint ownership of assets & joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse....

4. etc etc.

Anyone who has successfully removed conditions, did you submit ALL of these dox??? I think these are just examples of evidence USCIS suggests. I dont' think they mean you submit them all, ofcourse the more the merrier. Should I be getting worried if I don't have one of them?

[Dakine10 5,452]

Just Bob" you dont have to be ofensive.. i dont think any one in here is under 6 years old. all i am asking for is some opinions and advice. i thank all of you who help me without sarcasm or negative critics...

i guess i well seek a lawyer. thanks .

I think part of the problem is that you are also liable for taxes going back to the year you got married. Normally. since your husband was working you and you were not, you would have filed jointly for all those years. If you can't convince your husband to file, you will have to go back and file as married filing separately for those years. If you were not earning income those years and file separately you should not have tax liability. If neither of you files, the IRS will eventually find out and force the issue. Filing separately addresses your tax issues, and will prevent USCIS from finding you inadmissible. It doesn't help with removing conditions though.

As far as removing conditions, filing taxes jointly is the best possible scenario. Neither of you filing at all is the worst case. Married filing separately would mean you would need to come up with other evidence for removing conditions and if you don't have enough, then expect another interview.

Since your are not sure what your husband is up to, just be aware that the more serious charge he could be subject to is income tax evasion, which is a felony. Otherwise failure to file taxes is a misdemanor, or if "lucky" you just end up paying back taxes, penalties and interest without any criminal charges.

As of right now, you are caught up in the middle of all that. If my spouse put me in that situation, I would give two sets of forms, an income tax form and a divorce form, and tell them to pick the one that is most important to them.

[sachinky 464]

If my spouse put me in that situation, I would give two sets of forms, an income tax form and a divorce form, and tell them to pick the one that is most important to them.

Amen, sister!

[Dakine10 5,452]

I wonder if anyone understands this form like I do:

Required Evidence of r/ship (pg 2 of 751): Submit copies of evidence indicating that the marriage upon which you were granted conditional status was entered in "good faith" and not .... Submit copies of as many dox as you wish to establish the fact and to demonstrate the circumstances of the r/ship from the date of the marriage to the present date .... The dox should cover but not limited to the following examples:

1. B/C

2. ...

3. Financial records showing joint ownership of assets & joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse....

4. etc etc.

Anyone who has successfully removed conditions, did you submit ALL of these dox??? I think these are just examples of evidence USCIS suggests. I dont' think they mean you submit them all, ofcourse the more the merrier. Should I be getting worried if I don't have one of them?

I can say for a fact that tax returns are not an absolute requirement because my wife and her ex husband did not have any when they filed to remove her conditions. She told me they needed to go to the interview to remove conditions because they had so little evidence to submit, but they did not have a hard time and were asked only a few questions at the interview. This would have been 10-12 years ago and I don't mean to suggest it would work the same for everyone, but it does happen.

[Dakine10 5,452]

Amen, sister!

Thanks, but it's brother. I just sound like a girl when I'm mad!

[titaxxx 0]

I wonder if anyone understands this form like I do:

Required Evidence of r/ship (pg 2 of 751): Submit copies of evidence indicating that the marriage upon which you were granted conditional status was entered in "good faith" and not .... Submit copies of as many dox as you wish to establish the fact and to demonstrate the circumstances of the r/ship from the date of the marriage to the present date .... The dox should cover but not limited to the following examples:

1. B/C

2. ...

3. Financial records showing joint ownership of assets & joint responsibility for liabilities, such as joint savings and checking accounts, joint federal and state tax returns, insurance policies that show the other spouse....

4. etc etc.

Anyone who has successfully removed conditions, did you submit ALL of these dox??? I think these are just examples of evidence USCIS suggests. I dont' think they mean you submit them all, ofcourse the more the merrier. Should I be getting worried if I don't have one of them?

thank you.

i have other evidence and i was reading yesterday about what to file in the package. and if i provide everything but the joint taxes. just mine? i hope i dont have a problem. but if i get called for a second interview. and i am honest and can proof that this is a real marriage. i hope i dont get deported... im getting very scared...

[LT.Nora 7]

thank you.

i have other evidence and i was reading yesterday about what to file in the package. and if i provide everything but the joint taxes. just mine? i hope i dont have a problem. but if i get called for a second interview. and i am honest and can proof that this is a real marriage. i hope i dont get deported... im getting very scared...

First of all don't be scared and don't let people scare you who say that you will get deported.

File your own taxes for 2009 as "Married Filling Separately". That way you don't owe any taxes and you filed your taxes on time as required.

For the previous years your husband should file (obviously when he is ready) "Married Filling separately" too. That way you will not be liable for his taxes. Because you didn't work in these years, you do not need to file taxes.

If you do, however, file "Joint" for the previous years with your husband, you will be liable for all his tax debt + it will look like you BOTH were irresponsible for filing taxes.

File your own taxes under "Married Filing Separately", gather ALL OTHER INFORMATION and don't even show the tax returns unless they ask for it. If they do ask for it, show your own tax return and explain that your husband's tax situation is complicated so you didn't file together. That's it.

Taxes are very complicated and you should not jeopardize yourself by filing Joint with your irresponsible husband.

If that helps, my mother got divorced after six months of marriage, her husband left the country, so she still went for her interview with her divorce papers and got the conditions removed, when all people told her she will get deported.

[L_n_O 3]

Just Bob" you dont have to be ofensive.. i dont think any one in here is under 6 years old. all i am asking for is some opinions and advice. i thank all of you who help me without sarcasm or negative critics...

i guess i well seek a lawyer. thanks .

I think you should call an accountant as well.........

[Dakine10 5,452]

For the previous years your husband should file (obviously when he is ready) "Married Filling separately" too. That way you will not be liable for his taxes. Because you didn't work in these years, you do not need to file taxes.

If you do, however, file "Joint" for the previous years with your husband, you will be liable for all his tax debt + it will look like you BOTH were irresponsible for filing taxes.

Or she can go ahead and file separately for the previous years as well. File with no income to report, so most likely no tax liability. This would be relatively straight forward for HR block or those types of places to do.

The problem with waiting for the husband to file is that the IRS may get to it first. When people don't file tax returns, the IRS eventually does it for them with a SRF. IF the IRS does it first, they will likely submit a joint form and they generally they dont give credits other than basic exemptions and standard deduction. Chances are great that you end up owing more if the IRS files for you.