Spouse hasn't filed taxes- we have a co sponser

[visa123 0]

Hi everyone,

so I just wanted to start off by saying I am not looking for personal opinions on my husband on why he hasn't filed taxes and so fourth. I just really need some help with this topic. So I came here last year to visit my husband and in that time we found out I was pregnant and ended up getting married. We began filing and with the help of a lawyer have sent in all the paperwork to adjust my status ( I am now 8 months pregnant). My grandparents are co sponsoring us because I do not have any income and my husband has yet to file taxes because for his business and personal but my lawyer assured me that INS and the IRS are totally seperate so he will not get in trouble for it. My issue is, I have been reading on here that he will have to file back taxes or something like that? but my lawyer hasn't told me about any of that. Also i have my grandparents as a co sponsor so will that cover it? I am just getting worried with our baby on the way.

[jkelly07 120]

you will need to show evidence of a marriage like filing joint IRS taxes togather,or attach a letter explain why you did not file your taxes. tell your lawyer we all have to pay taxes,the immigration ask for your taxes on the forms, later you will file for citizenship, to show your a u.s tax payer it;s important,

[Cathi 5,610]

your husband will still need to file I 864 as he is the petitioner even if your grandparents are joint sponsors, and he will have to show the last 3 years worth of tax returns.

[Harpa Timsah 13,258]

He will need to file back taxes. He is the primary sponsor, even with the co-sponsor, and he will require the appropriate evidence, including tax returns, for the I-864. You cannot be approved without the correct evidence.

Edit for the above: If the person was statutorily not required to file taxes, then he can attach a letter explaining why (I made less than X amount) but you cannot just "write a letter explaining why you did not file taxes" if you are required to do so. Tax evasion is a felony.

Edited May 16, 2012 by Harpa Timsah

[visa123 0]

Yes but he attached a letter stating that he was unemployed and that his business has yet to gain revenue.

[Adriene H 89]

Yes but he attached a letter stating that he was unemployed and that his business has yet to gain revenue.

One still has to file with the IRS even if they're receiving unemployment.

And if he earned very little, most times you get a nice little refund.

So there are benefits to filing. But back taxes, he'll probably incur

a penalty.

[visa123 0]

One still has to file with the IRS even if they're receiving unemployment.

And if he earned very little, most times you get a nice little refund.

So there are benefits to filing. But back taxes, he'll probably incur

a penalty.

he wasn't receiving unemployment. My lawyer informed me that IRS is a seperate issue from INS and that I had nothing to worry about was she lying? this is so stressful because our baby is coming in less than a month and I do not want to have to leave

[Cathi 5,610]

he wasn't receiving unemployment. My lawyer informed me that IRS is a seperate issue from INS and that I had nothing to worry about was she lying? this is so stressful because our baby is coming in less than a month and I do not want to have to leave

it doesn;t matter if immigration and the IRS are separate. The fact of the matter is he will need to submit an i 864. And along with the i 864 he has to submit his tax returns.

[visa123 0]

it doesn;t matter if immigration and the IRS are separate. The fact of the matter is he will need to submit an i 864. And along with the i 864 he has to submit his tax returns.

We already submitted all of the paperwork and the only request we got from the INS is that we provide a letter stating why he hadn't filed taxes. He submitted a letter saying he was unemployed and that his business just started gaining revenue and when I sent it to my immigration lawyer she said that would work...

[Cathi 5,610]

We already submitted all of the paperwork and the only request we got from the INS is that we provide a letter stating why he hadn't filed taxes. He submitted a letter saying he was unemployed and that his business just started gaining revenue and when I sent it to my immigration lawyer she said that would work...

did your husband submit the i 864 yet?

[visa123 0]

did your husband submit the i 864 yet?

yes we have submitted everything

[Cathi 5,610]

yes we have submitted everything

then it's really up to immigration and whether or not they will accept the reasons why your hubby didn't file taxes. I don not know if they will make him submit his taxes or not. Maybe someone with a similar circumstance will chime in to give you some advice. Good luck!!!

[Adriene H 89]

Before he starts a business, your husband should probably

get his taxes in order or the IRS may swoop in when his

business does start generating revenue and take everything

he owns.

[Harpa Timsah 13,258]

Read post #4 again.

[visa123 0]

so lets say that they do not approve the case.. do we go to court? will they really tear a family apart because my spouse hasn't paid taxes?