Removal of conditions - is this evidence enough?

[foreignfantasy 0]

Since my wife quit her job and I still have not been able to find one, It seems our income for 2011-2012 filing will be $0. We will still pay H&R block $150 or so to file taxes for us with $0 as income. I believe Just Bob's explanation needs no further clarification. And yes, you can file for missed Tax returns for the previous years with $0 as income. If I were you, I would file the tax returns and attach the copies with an attached explanation why you failed to do so. Better safe than sorry. Good Luck!

I only got my SSN at the end of 2008, the Green Card at the beginning of 2009. We have to file for removal of conditions in October this year. What years should I file taxes for? 2008, 2009, 2010? Although I only got the SSN at the end of 2008, so basically for more than 11 months of 2008 I didn't have the right to work? We got married in 2007, but we didn't file for my adjustment of status for about a year after the marriage. Should I file taxes for 2007 too then, although I wasn't even in immigration procedures then? It's so confusing.

And is it enough if I just file taxes myself as married, without having my husband do it too? His situation is more complicated than mine, and he is sort of allergic to the IRS, he's not going to do it. But I can... Will that be enough?

Edited June 15, 2010 by foreignfantasy

[sasaqlain 24]

I only got my SSN at the end of 2008, the Green Card at the beginning of 2009. We have to file for removal of conditions in October this year. What years should I file taxes for? 2008, 2009, 2010? Although I only got the SSN at the end of 2008, so basically for more than 11 months of 2008 I didn't have the right to work? We got married in 2007, but we didn't file for my adjustment of status for about a year after the marriage. Should I file taxes for 2007 too then, although I wasn't even in immigration procedures then? It's so confusing.

And is it enough if I just file taxes myself as married, without having my husband do it too? His situation is more complicated than mine, and he is sort of allergic to the IRS, he's not going to do it. But I can... Will that be enough?

USCIS is basically interested in the comingling of the couples finances. One can file jointly or seperately. But in cases like ours where the USCIS is trying to determine that the marriages are legit and not another fraud to bend the laws and bring a friend/relative into the country. You will be asked why taxes weren't filed jointly and will defeat one major purpose of showing evidence of your bonafide marriage. Secondly, when you are filing for naturalization, you will have to tick whether all taxes since you became an LPR were paid, or whether you owe the IRS. Explanation will be needed. In my case, I didn't get my SSN and my wife had to defer her filing till I got my SSN. We were able to file somewhere in June instead of the April 15th deadline since my wife had a promising job and the IRS owed us. You will need to file for 2008-2009, 2009-2010, 2010-2011. I Have a question. Who filed the affadavit of Support on your behalf? Since you mentioned that your husband hasn't been filing taxes, and the sponsor has to attach copies of past 2 years of tax returns. That means that he was not in a position to sponsor you and had to seek a co-sponsor to do so?

[foreignfantasy 0]

USCIS is basically interested in the comingling of the couples finances. One can file jointly or seperately. But in cases like ours where the USCIS is trying to determine that the marriages are legit and not another fraud to bend the laws and bring a friend/relative into the country. You will be asked why taxes weren't filed jointly and will defeat one major purpose of showing evidence of your bonafide marriage. Secondly, when you are filing for naturalization, you will have to tick whether all taxes since you became an LPR were paid, or whether you owe the IRS. Explanation will be needed. In my case, I didn't get my SSN and my wife had to defer her filing till I got my SSN. We were able to file somewhere in June instead of the April 15th deadline since my wife had a promising job and the IRS owed us. You will need to file for 2008-2009, 2009-2010, 2010-2011. I Have a question. Who filed the affadavit of Support on your behalf? Since you mentioned that your husband hasn't been filing taxes, and the sponsor has to attach copies of past 2 years of tax returns. That means that he was not in a position to sponsor you and had to seek a co-sponsor to do so?

We needed a co-sponsor because of my husband's lack of income, so his mother and her husband were the co-sponsors. They had paid taxes and had the necessary income.

If I understand correctly, you are suggesting that I file taxes for 2010-2011 also. Do I need to file that now, I mean before we send the documents to the USCIS in October? Please excuse my ignorance, but I have never dealt with taxes and this kind of c...p before . Also, should I file 0 income, married filing jointly? Does that sound even remotely normal? And is it ok if my husband doesn't file, just me? I mean, just one tax statement, mine, married filing jointly? Maybe I'm asking stupid questions, and I'm sorry if so; but I'm completely parallel with everything tax related.

[Brother Hesekiel 2,235]

I own a successful business with a business partner since 1999. He and I also own an LLC, formed in 2007, which owns commercial real estate which we bought late in 2007. The LLC rents its property out to our own business. So basically our main business pays our other business' mortgage. Since we spent another $125K in renovating the place, my total income in 2008 was negative.

My wife also owns a business, which unfortunately hasn't made any money in almost 4 years now. Still, we make an okay living and spent thousands of dollars every month, on income (before taxes), not on savings.

I'm telling you this so that you understand that I understand how a business can not make any money, yet the owner can live comfortably, all of which is perfectly legal, yet it may be confusing to an drone at USCIS that's not familiar with the tax code.

In your husband's case, I would have paid myself 3,200 thousand dollars a year, enough to (if memory serves me correctly) satisfy the SS payment limit of 4 units annually, but little enough not to have a tax burden. Since you aren't employed, you still could have filed jointly. Keep in mind that at the ROC stage it doesn't matter how much or how little money you make. What matters to the I.O. is that there are 2 tax returns in your package, one for 2008, one for 2009, both of which show that you guys filed your taxes jointly, as a married couple.

That alone would have been worth a couple of hundred dollars in prep fee to a tax professional to me. Especially as an immigrant who has to deal with the folks at USCIS.

But should have or would have doesn't do you any good now. What I would suggest at this point is that you included a letter explaining why you didn't file taxes and why you didn't have to.

Best of luck to you.

Edited June 15, 2010 by Just Bob

[sasaqlain 24]

We needed a co-sponsor because of my husband's lack of income, so his mother and her husband were the co-sponsors. They had paid taxes and had the necessary income.

If I understand correctly, you are suggesting that I file taxes for 2010-2011 also. Do I need to file that now, I mean before we send the documents to the USCIS in October? Please excuse my ignorance, but I have never dealt with taxes and this kind of c...p before . Also, should I file 0 income, married filing jointly? Does that sound even remotely normal? And is it ok if my husband doesn't file, just me? I mean, just one tax statement, mine, married filing jointly? Maybe I'm asking stupid questions, and I'm sorry if so; but I'm completely parallel with everything tax related.

Thats OK...Almost everybody is clueless when it comes the IRS, until they get to deal with them. Firstly let me elaborate on some of your confusions

1) Married filing Jointly: When you are filing your taxes and are legally married, you have two options. Either you file as "Married filing Jointly" or "Married filing seperately". Mostly people file jointly to avoid confusions and receive the maximum tax benifits.

Now coming back to your filing for Removal of comditions. I don't think its required of you to attach your tax returns with the application at this stage. It would have been a good evidence had you two filed jointly and attached copies with your application as proof of your on going relationship. You may go ahead and send in your application. But, do look in your tax affairs. You need to file your taxes on time and also file for the missed years. For when its time to apply for naturalization(which isn't far away if all goes well) you will have to attach your tax returns as well as given explanation for not doing so on time. My sincere prayers are with you. Good Luck

[foreignfantasy 0]

Thank you guys, your answers have been very helpful... If anything else comes up, or a change in the situation occurs, I'll come back with more questions

Thank you for your time, this forum is indeed very helpful.

Apparently, all I can do at this point is hope and pray that USCIS won't care about our taxes, or if we send an explanatory letter, they'll understand.

[rika60607 215]

So, that investor's money is considered what - a loan? a gift? a salary?

we live modestly on investors' money for now.

[Lorenzoid 12]

Whether using investors' money for your personal expenses is considered "income" for tax purposes can depend on various things. If you and your husband are unsure whether using this money for personal expenses is considered income under the tax code, you should seek the advice of an accountant. Come to think of it, even if an accountant confirms that you had no tax obligation and were not required to file a tax return, a letter from an accountant stating that you had no reason to file a tax return might just be a good thing to have.

[dana0402 0]

My husband and I only have the following evidence:

- lease of apartment in both names

- joint bank account (checking)

- bills in both names

- joint health insurance, home renters insurance, auto insurance

- car title in both names

- life insurance for him, with me as the beneficiary

- state issued IDs (drivers licences) showing same address

- stock (shares) in both names

- some club memberships

- we can provide letters from friends and/or neighbors

- photos

- cards from his mother, my parents, friends, adressed to both of us

We don't have credit cards (he is very much against using them, and hasn't had one for years , we use debit cards instead), and we don't have joint tax returns. That is because I don't have a job (he is the conservative type and wants to provide for his family), which means I never paid taxes; and he is trying to build his own company, which proved to be a long process so far, it has been going on for a few years now... His company is not in revenue yet, so he doesn't get a paycheck. We live on investors' money for now, and try to spend as little as possible, just for the strictly necessary things. Since he has no pay stubs and technically doesn't make any money, he hasn't payed taxes for a few years.

Is this enough evidence, or are we going to run into problems? Any opinion would be greatly appreciated.

Thank you.

I had EXACTLY the same list of evidence - but in additon I also had those pesky jointly filed tax returns. I had NO problems, no interview, and my husband got his card very quickly. Hope that helps!

[Advanced Aardvark 82]

We didn't file taxes, neither one of us did. Me, because I don't have a job, and him, because he is not on a payroll yet, as he is trying to build a company of his own.

Will that be a problem?

Even though no taxes were due, and you were not 'required' to file a tax return, nothing prevented you from filing an 'informational' tax return. Filing a tax return jointly is something you should consider doing.

[foreignfantasy 0]

See, I don't know whether I should do it from now on, or if it's too late already... I know nothing about taxes, and I'm completely lost when it comes to this subject.

Let's say I file taxes myself, with 0 income, as married filing jointly, or separately, whichever would be best... That means I have to declare 0 income, and my husband's SSN is going to be on that form, and the IRS would probably look into his tax situation too, and if they see we have zero income cumulated, wouldn't that raise suspicions? Like, "what are these people living on?!" I don't know, I think the situation would be a bit fishy from that point of view... I don't want to have problems because they might consider our case... unrealistic, so to say; and I also don't want to have problems with USCIS for not having sent them tax transcripts, or whatever those are called. So I'm veryyyyyyy confused.

Some people say I should still file from now on, others say it's too late, and I should just send the package as it is.

I went to an H&R Block office today and I talked to a guy there. He told me that since my husband has been taking money out of the company to pay the rent and bills, he should have to pay taxes on that money even if he is not on a payroll. That it is considered some sort of income. And he also said some gibberish about whether the company is a C type or K, or something like that (I didn't understand what he was talking about, that's like a foreign language to me ), the situation would differ from case to case... And he suggested that we talk to the company's accountant, because he can't help me any further .

I think I should talk to an immigration lawyer, one who is also familiar with tax problems. I talked to my husband today, and he said he wouldn't file taxes since he has no income. I really don't know what to do, and I'm completely lost. It all seems so complicated.

Edited June 16, 2010 by foreignfantasy

[sasaqlain 24]

See, I don't know whether I should do it from now on, or if it's too late already... I know nothing about taxes, and I'm completely lost when it comes to this subject.

Let's say I file taxes myself, with 0 income, as married filing jointly, or separately, whichever would be best... That means I have to declare 0 income, and my husband's SSN is going to be on that form, and the IRS would probably look into his tax situation too, and if they see we have zero income cumulated, wouldn't that raise suspicions? Like, "what are these people living on?!" I don't know, I think the situation would be a bit fishy from that point of view... I don't want to have problems because they might consider our case... unrealistic, so to say; and I also don't want to have problems with USCIS for not having sent them tax transcripts, or whatever those are called. So I'm veryyyyyyy confused.

Some people say I should still file from now on, others say it's too late, and I should just send the package as it is.

I went to an H&R Block office today and I talked to a guy there. He told me that since my husband has been taking money out of the company to pay the rent and bills, he should have to pay taxes on that money even if he is not on a payroll. That it is considered some sort of income. And he also said some gibberish about whether the company is a C type or K, or something like that (I didn't understand what he was talking about, that's like a foreign language to me ), the situation would differ from case to case... And he suggested that we talk to the company's accountant, because he can't help me any further .

I think I should talk to an immigration lawyer, one who is also familiar with tax problems. I talked to my husband today, and he said he wouldn't file taxes since he has no income. I really don't know what to do, and I'm completely lost. It all seems so complicated.

Sorry to see your discomfort. Trust me, all the responses you read to your post, were offered for your benefit. You are never too late to file for taxes. Now you simply have to give some sort of explanation why you failed to file on time. Its a hanging sword on your heads that can snap anytime and you need to address it. As far is IRS is concerned. I don't think anybody having a SSN can evade them for long. They will catch up with you one day. The H&R accountant was right. Since your husband was pulling out money from the company for personal expenses, it was his income that had to be declared. Unfortunately, you being the spouse will be equally liable should he fail to file or declare that income. Best is, you file "Married filing Jointly" as whenever these Tax returns are asked for, questions will be asked as to why you didn't file them together. This TAX Issue is a monster hiding in the closet that will come out when its time for the ultimate submission: Naturalization. Your husband's refusal to file them means only one thing. He knows he'll get caught for evading taxes. We will be filing for 0 income the next year. But we have two genuine explanations. Firstly, My wife had enough savings that were already taxed. Secondly, I have a strong source of income from my home country that is outside the jurisdiction of IRS and US Taxes.

[foreignfantasy 0]

My husband just told me last night that he already has someone working on his taxes. I also know that he saves all the receipts every time he buys something and uses company money, to give them to his accountant. I never asked why before, because I was never interested in this sort of things. I really hope things will work out in time, because I don't want any nasty surprises when the time comes to file for the removal of conditions... and of course, for the citizenship.

I know that everybody who answered was trying to help, and I thank everybody again. It's just that I feel lost in a jungle, and I don't know how to get out ...

[sasaqlain 24]

We have all been lost in this jungle one time or the other . Good Luck and God Bless. You can always come back and have more questions for us. Somebody here will always have the right advice for you amongst many

Edited June 16, 2010 by saspk

[Monday Jones 6]

The guy at H&R block was asking about the structure of the company because they are taxed differently. Some business pay taxes (ie, Company A files and pays taxes; authorized person signs the form). Other companies have taxes paid for by the owner (Owner pays taxes for Company B on his tax return, and if filing jointly, you both sign the form). Smaller businesses are usually the latter.

One can loose money but still need to file a tax return. To get back pre-paid taxes, for example. Or to prove income.

Since you don't know your husband's tax situation, you shouldn't file jointly with a form filled with 0s. This could get you into trouble down the line.

Also, you can't file until January 1 of the next year. So you can't do 2010 until January 1, 2011. But the USCIS won't expect to see a 2010 if it is still only March 2011.