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

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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.

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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,

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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 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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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.


I-130

2011-08-20 Posted

2011-08-31 NOA1

2011-09-03 Touch

2011-11-18 Sent Expedite Request to USCIS

2011-12-09 Response Received for Exepedite Request

"Wait your turn" in a nutshell

2011-12-02 Sent Expedite Request to US Representative Ed Royce

2012-01-27 Sent Expedite Request to Immigration Ombudsman

2012-02-02 Sent Expedite Request to Senator Barbara Boxer

2012-02-02 Sent Expedite Request to Senator Dianne Feinstein

2012-03-08 Case transferred to field office for additional processing

2012-03-23 Now being processed at a USCIS office

2012-05-10 Transferred to another office for processing

2012-05-14 Now being processed at a USCIS office

2012-06-05 Approved NOA2

2012-07-17 NVC Case/Invoice # Received

Petitioner: US Born Citizen (Wife)

Beneficiary: British Born Citizen (Husband)

Your I-130 was approved in 279 days from your NOA1 date

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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

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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.



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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...

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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?



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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!!!



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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.


I-130

2011-08-20 Posted

2011-08-31 NOA1

2011-09-03 Touch

2011-11-18 Sent Expedite Request to USCIS

2011-12-09 Response Received for Exepedite Request

"Wait your turn" in a nutshell

2011-12-02 Sent Expedite Request to US Representative Ed Royce

2012-01-27 Sent Expedite Request to Immigration Ombudsman

2012-02-02 Sent Expedite Request to Senator Barbara Boxer

2012-02-02 Sent Expedite Request to Senator Dianne Feinstein

2012-03-08 Case transferred to field office for additional processing

2012-03-23 Now being processed at a USCIS office

2012-05-10 Transferred to another office for processing

2012-05-14 Now being processed at a USCIS office

2012-06-05 Approved NOA2

2012-07-17 NVC Case/Invoice # Received

Petitioner: US Born Citizen (Wife)

Beneficiary: British Born Citizen (Husband)

Your I-130 was approved in 279 days from your NOA1 date

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