AOS I-864, Joint Tax Returns With Ex-Spouse

[chemneo 0]

Hello Visajourney Members:

I am a new member to the forum. I have utilized many of your comments, inputs, experiences in my and friend's immigration matters for years. I believe this forum is one of the most valuable place to know about the real life experience of immigrants, their families, and non-immigrant visa holders and seekers.

Now I need your help. I am about to submit my I130 and Adjustment of Status application package; however, there is a big issue that I cannot find an answer. My wife will be my AOS sponsor. But, she was married to someone else last year. She got divorced and we were married recently. If you are concerned about our marriage, yes it is bona fide. we even have a 6 month old baby :-0

Anyways, how can we use - calculate her last year's tax return? She filed jointly with her ex for 2011, 2010, and 2009. When we submit the AOS, do we separate her income and calculate her income based only based on her W2, or the total of the tax return. Also, do we have to provide both her's and her ex husband's W2s (which I absolutely do not want to deal with, obviously.)

Because I will place an expedite request, I really do not have the luxury to make a mistake.

Now, what to do? Please, please help me!

Thanks.

[C-ma'am 684]

Hello and welcome to the forum. While I am not a tax expert (they should arrive soon), I wanted to ask you.

From which visa will you be adjusting status from? This may seem trivial, but it helps us help you with your questions. If you would like to edit your profile and include that information, along with the country you belong to, that would be of great help.

[Anh map 2,098]

Hello Visajourney Members:

I am a new member to the forum. I have utilized many of your comments, inputs, experiences in my and friend's immigration matters for years. I believe this forum is one of the most valuable place to know about the real life experience of immigrants, their families, and non-immigrant visa holders and seekers.

Now I need your help. I am about to submit my I130 and Adjustment of Status application package; however, there is a big issue that I cannot find an answer. My wife will be my AOS sponsor. But, she was married to someone else last year. She got divorced and we were married recently. If you are concerned about our marriage, yes it is bona fide. we even have a 6 month old baby :-0

Anyways, how can we use - calculate her last year's tax return? She filed jointly with her ex for 2011, 2010, and 2009. When we submit the AOS, do we separate her income and calculate her income based only based on her W2, or the total of the tax return. Also, do we have to provide both her's and her ex husband's W2s (which I absolutely do not want to deal with, obviously.)

Because I will place an expedite request, I really do not have the luxury to make a mistake.

Now, what to do? Please, please help me!

Thanks.

She will list only her income from those years. Have her obtain tax transcripts and then submit copies of her W2's along with them to show her individual income.

[chemneo 0]

Hello and welcome to the forum. While I am not a tax expert (they should arrive soon), I wanted to ask you.

From which visa will you be adjusting status from? This may seem trivial, but it helps us help you with your questions. If you would like to edit your profile and include that information, along with the country you belong to, that would be of great help.

Thanks! I updated my profile. I am from Turkey on H1B .

[chemneo 0]

She will list only her income from those years. Have her obtain tax transcripts and then submit copies of her W2's along with them to show her individual income.

Thanks so much Anh map! So I am going to assume if the return and actual separated income does not match, there would not be a problem. What troubles me is the I864 Question 23 and 25. If they do not match, is it still okay? I mean I am going to use her 2011 W2 as her current income.

Also, we are pretty much well above the %125 poverty line. Do I still need to submit all three years? And, do we need pay stub info or an employer letter? (we can get a printout of her year to date payments from the employer.)

[ceadsearc 516]

The tax return should list her income as well as her ex's. She lists her income for what she made the past several years, NOT the joint amount. She only needs to send last years. She needs to send either a complete tax transcript or a complete copy of the return including all schedules and a copy of her W-2s.

For current income, a letter stating she is employed and recent pay stubs are fine.

If you will continue in your job you can include your income as well.

[KayDeeCee 4,902]

Thanks so much Anh map! So I am going to assume if the return and actual separated income does not match, there would not be a problem. What troubles me is the I864 Question 23 and 25. If they do not match, is it still okay? I mean I am going to use her 2011 W2 as her current income.

Also, we are pretty much well above the %125 poverty line. Do I still need to submit all three years? And, do we need pay stub info or an employer letter? (we can get a printout of her year to date payments from the employer.)

Since she is an employee, you will not use what is on her 2011 W2 as current income unless she will make exactly the same this year. That was her income last year. What is her current annual income? List that and provide the letter from her employer and year to date earnings to prove current income. #23 and the taxes from #25 do not have to match. She will be listing her individual income for the last 3 years of taxes, as Anh map previously stated.

[C-ma'am 684]

Thanks! I updated my profile. I am from Turkey on H1B .

Thank you Now that I know from which visa you are adjusting from, I moved your post to the other AOS forum, which is for people like you who are adjusting from Work, Student or Tourist visas.

Edited September 18, 2012 by Celeste & C

[chemneo 0]

Thanks so much everyone. Her income is 40K, our household size is 3. I gathered letters from the employer. I am planning to only submit her latest joint tax return, her w2, and employer letters. I am hoping everything will be fine .