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Freedove7

Im scared about the interview

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Filed: Country: Haiti
Timeline

I will bring all the documents they requested.I entered my marriage in good faith 5 years ago.We have a kid together .There's no question aout my marriage being legitimate.Its my husband's income and tax issue that is bothering me.He is a freelancer who works at nightclubs.The last time he filed for taxes was in 2010.He lost a well paying job at the end of 2009, and has been a freelancer since last year.He was not employed in 2010.So we are just missing this most recent year's tax.We did send his 3 most recent tax transcripts which were from 2009,2008,2007.My joint sponsor makes more than enough to support herself,her family,me and my family.Will this matter or will I be rejected because my husband failed to file taxes this year?Also I am adjusting from a legal status and alreayd have a work permit and social.For those who dont know,I grew up in the US.Will these facts matter at all or can my chances of finally gaining PR be jeopordized because of the missing tax info and my husband's lack of proof of employment?Cant we just get a letter from one of the night club owners? again,we have a joint sponsor.

Edited by Freedove7

Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

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It might be questioned in the interview. If you have a co-sponsor it might be sufficient. However why don't you ask your husband to file taxes. Whether your are working or not you are still required to file taxes with 0 income.

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"Trust in the LORD with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will direct your paths." (Proverbs 3, 5-6)

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Filed: Country: Haiti
Timeline

It might be questioned in the interview. If you have a co-sponsor it might be sufficient. However why don't you ask your husband to file taxes. Whether your are working or not you are still required to file taxes with 0 income.

But isnt it too late now? The deadline to file was in April.My husband is a procrostinator and let the deadline pass.He thinks having a cosponsor is sufficient .

Edited by Freedove7

Adjustment of Status from TPS to Permanent Resident

Married on December 28,2007 <3

01/18/2012 Sent I130 to USCIS

0/25/2012 NOA received

04/11/2012 Sent AOS Package to Chicago Lockbox

04/17/2012 NOA recieved

4/23/2012 Biometric Appointment notice received

5/4/2012 Biometrics completed & the real waiting game begins !

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Filed: AOS (apr) Country: Canada
Timeline

You're not required to file taxes with 0 income. There's a minimum income requirement. For self-employed people, it's a lower number.

He will probably need to explain why he didn't file taxes, or file taxes. Yes he's late, but if he files now he'll owe less penalties and interest than if he files later.

If you go to your interview and they ask to see the tax returns, and he says he didn't file,they will probably tell him to go file. But you can cross your fingers and hope they don't ask.

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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If your husband was required to file taxes, then you cannot be approved until he does. I am confused with your explanation about whether or not he made money in 2011. 2011 taxes were just due, not 2010. If he did make money in 2011, then he has to file taxes. He is still your primary sponsor. You can file your taxes late,and if you owe money to IRA, you pay a penalty for late filing. If you get a refund you do not pay a penalty. "The deadline passed" is not a good excuse for IRS. No one would pay their taxes if that was all was needed to get out of it. :bonk:

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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Filed: AOS (apr) Country: Canada
Timeline

But isnt it too late now? The deadline to file was in April.My husband is a procrostinator and let the deadline pass.He thinks having a cosponsor is sufficient .

I think you need to tell him he's incorrect and if he wants you to be approved he better file.

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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Filed: Citizen (apr) Country: Poland
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Btw - Freedove - did you ever consider posting all questions that come to your mind within let's say couple of hours in one post rather than flooding the forum with multiple topics ?

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Filed: AOS (apr) Country: Philippines
Timeline

But isnt it too late now? The deadline to file was in April.My husband is a procrostinator and let the deadline pass.He thinks having a cosponsor is sufficient .

If he gets a refund then the April 17 th deadline for this year doesn't matter. If he owes then the deadline matters - he would have to pay a penalty.

Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

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Isn't the purpose of providing your tax return to prove that the amount of income you are claiming on the affidavit of support is your actual amount of income for that year? They want you to prove you are not claiming more income on the affidavit of support than what you actually made. If they didn't require copies of your tax return, you could say you made $100,000 in a particular year when in fact you made much less than that. So if you didn't have any income in 2010, I would think you don't need to provide an tax return. Why would you lie about not having any income?

Also, you are not required to file an income tax return if you do not have any income. There are certain levels of income that also do not require you to file a tax return unless you paid withholding tax and want a refund of what you paid. If your income is less than the standard deduction plus the personal exemption, you do not need to file because after deducting these two amounts, your taxable income is zero. (I'm a tax accountant, so I have some experience with this :) )

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