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rebeccahan88

Request for Initial Evidence (I-485)

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Hi everyone ......I'm in need of some serious help here...

I came to the US on a K-1 visa Nov.2011 and got married to my husband Dec.2011. We filed for AOS Dec.2011 and just went to my biometrics appointment a few days ago. Today, I received a pink letter titled "Request for Initial Evidence (I-485)". The information that was missing when we filed AOS was filing tax return and showing evidence of it. The problem is: on form I-864 Affidavit of Support,page 4 #25, we wrote "none". Reason is because my husband lived in South Korea and worked as an English teacher from July 2007~October 2010 (3years). When he returned to the US, he started working for a company in NY since March 2011.

On Form I-864 pg.4 #25 It tells us to write down tax return of last 3 years. He has only been working in the states for the past year.

Question is:

1) Do we file his taxes for last year and show only for one year and explain why he doesnt have taxes filed for the other 2 years?

or

Do we just explain to them that he lived abroad and just got employed last year so he doesnt have taxes filed for the last 3 years?

2) MY husband paid taxes in Korea. Do we need to submit proof of this too? or is it irrelevant due to the fact that he lives in the States now...

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A USC must file taxes even if they lived abroad. Your husband needs to file his back taxes. He probably won't need to pay, but he must file.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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A USC must file taxes even if they lived abroad. Your husband needs to file his back taxes. He probably won't need to pay, but he must file.

Thank for your reply. How does he file taxes after living abroad? Do we just consult with an accountant that will file his recent tax?

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He should have been filing taxes every year. If you move abroad again in the future, keep this in mind. He'll have to file his back taxes; you file the way you normally file taxes, just for years past. Good luck.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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