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

By visa123 in Adjustment of Status from Work, Student, & Tourist Visas

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visa123 Apprentice

visa123   0

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My thought was that if his profit and loss sheet showed that the business was a financial loss, he might not be required to file taxes. When I did a quick check, it said that you had to net $400 in income to be required to file. And, maybe he didn't net anything. So, if an accountant could help them prepare a profit and loss statement for those years, (assuming he doesn't already have it), then perhaps he really doesn't need to file.

Yes that is what i was thinking to because we haven't really made much money. we have a lot of credit card debt and the business only JUST started gaining significant revenue

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Harpa Timsah
Harpa Timsah

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 witho

SOflaherty
SOflaherty

No, because hopefully by then your husband will wise up and file back taxes like he should have already done since you became aware this was an issue. I truly don't understand what the problem is here

jdh
jdh

It doesn't seem like you are grasping this whole thing. Read Harpa Timsahs post again - she had it right. If he made over something like $3000, check the requirements on the 1040 tax instructions, t

visa123 Apprentice

visa123   0

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Ok...

So whichever way we want to look at things and all the ins and outs don't change what needs to be done right away, and that is put everything into the hands of a tax pro and find out of you actually were required to file.

We can sit here and speculate all day long, but bottom line is that it isn't worth taking the chance.

If he had money coming to his pockets from any source at all the odds are that he was supposed to file.

true. thanks! I think thats what we will do then. I have talked with a tax pro and have a free consult so fingers crossed it goes smoothly and we will be back on track!

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jdh Community Regular

jdh   103

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true. thanks! I think thats what we will do then. I have talked with a tax pro and have a free consult so fingers crossed it goes smoothly and we will be back on track!

Good luck! Let us know how it turns out. :thumbs:

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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peter.chou Explorer

peter.chou   3

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true. thanks! I think thats what we will do then. I have talked with a tax pro and have a free consult so fingers crossed it goes smoothly and we will be back on track!

Attach the letter requested for filing 2011 tax at Aug. 2012? That proves 2011 tax will be filed Aug, and available Sept?

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Cathi Veteran

Cathi   5,609

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I still don;t know what the debate is here. the USCIS wants to see that he filed taxes. It is a REQUIREMENT...the only way that your husband would not have to file taxes is if he did not have any earned income. He has a business....he has a business which has a website and they can verify that it existed, doesn;t matter if he took a loss. It doesn't matter what anyone speculates. he should have filed taxes and he didn't..he is the petitioner...he HAS to file the i 864.....you can have 100 people willing to joint sponsor..he still has to file the i 864 with tax returns...no way around it..it does not matter that you have a joint sponsor..he is the petitioner headbonk.gif


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jdh Community Regular

jdh   103

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I still don;t know what the debate is here. the USCIS wants to see that he filed taxes. It is a REQUIREMENT...the only way that your husband would not have to file taxes is if he did not have any earned income. He has a business....he has a business which has a website and they can verify that it existed, doesn;t matter if he took a loss. It doesn't matter what anyone speculates. he should have filed taxes and he didn't..he is the petitioner...he HAS to file the i 864.....you can have 100 people willing to joint sponsor..he still has to file the i 864 with tax returns...no way around it..it does not matter that you have a joint sponsor..he is the petitioner headbonk.gif

You are late to the game...

There is no debate.

They are trying to take care of it.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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DandT14 Rising Star

DandT14   272

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I don't know about previous year taxes, but current taxes you can just request an installment plan with the IRS. As long as you have a payment agreement worked out with the IRS, I think it will be ok.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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jdh Community Regular

jdh   103

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Just an update!! We called a CPA and apparently its going to be simple :) we just have to go in and bring all supporting documents and we might not even have to file for 2010 :)

See, no biggy.

Get that taken care of right away and you should have no problem responding to the RFE on time.

:thumbs:

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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visa123 Apprentice

visa123   0

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wow so we have contacted the IRS to find out what he owes and which tax dates he is missing and apparently someone has been filing taxes under my husbands name! not sure what we can do about this :( anyone have any advice? I guess this wont be a job that can be cleaned up by the deadline for the RFE

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