Adjustment of status based on marriage without tax-return

[joglen1210 10]

I forget to mention that we have joint bank account and i would provide bank statement from this account for 2 years.

one of the major thing that they asked is Tax Return (like they will ask for Tax Transcripts for the past years) aside from joint bank account statements, utilities, leases with both your names on it, etc.

otherwise, you can try with what you have and see what happens. good luck!!

[Ortolan 381]

Your husband should've filed his taxes with the status "Married Filing Separately." Not "Single." He's not single. He's married. Doesn't matter if you're a student and you have no income. He's doing it wrong.

You want your 10-year green card, right? Follow the instructions and suggestions that others here have made. They're not trying to judge you about anything; they just want to help you do it right.

You may feel like you have plenty of evidence but what matters isn't what you think, it's what the USCIS thinks.

[deleted this acco 44]

"privacy reasons? . there is no privacy in this process.

[Unlockable 7,309]

Your husband should've filed his taxes with the status "Married Filing Separately." Not "Single." He's not single. He's married. Doesn't matter if you're a student and you have no income. He's doing it wrong.

You want your 10-year green card, right? Follow the instructions and suggestions that others here have made. They're not trying to judge you about anything; they just want to help you do it right.

Agreed with the above!

OP,

Your husband may want privacy but look at the predicament you are in now. Not only do you have a risk to your ROC but now you also have a risk of being audited by the IRS.

You may have some of the most amazing vacation pictures available but this tax return issue will trump all of that.

I always advice others to try their hardest not to give immigration ANY (or at least very little) ammunition to use to deny a case. And this is like handing them a hand grenade.

[arken 4,197]

USCIS is asking for evidences of legal and bonafide marriage/relationship. The fact that your spouse has filed for tax return as SINGLE suggests to USCIS that either he is not legally married currently or he is hiding his marriage which simply puts doubt on your marriage (Married persons are NOT legally allowed to file tax return as SINGLE unless legally divorced, they can file separately as Married Filing Separate).

Like others have suggested, i strongly suggest that your spouse file for amended returns (either Married Filing Separate or Married Filing Jointly) and then only file for AOS. You do not wanna test the judgement of USCIS.

Edited April 15, 2016 by arken

[KayDeeCee 4,892]

Tax returns are a very important piece of evidence for ROC and filing for US citizenship. The USCIS wants to see that you file as a married couple. It can be married filing separately, or married filing jointly. It just has to be as married. The other spouse does not need to have an income in order to file married jointly. Not sure what possible 'privacy' reasons there could be for filing single instead of married, other than not wanting 'someone' to know they are married. The USCIS will be wondering the same thing. He can amend the tax filings for the years you were married to the correct filing status of married. It is not that difficult to do. If you still choose not to, please do come back and report whether or not the USCIS was ok with his taxes showing single rather than married.

~ Moved from AOS from Family Based Visas to Removing Conditions - topic is filing ROC, not AOS ~

[IguanaCouple 26]

If you are a student in the U.S. your tuition is tax deductible. We got $6,000 back in refunds for my grad school tuition; I think it's ridiculous that your husband files singly. Plus, since you make no money, he could claim your deduction and save a ton of money.

I'm sorry but you guys screwed up big time and USCIS is going to look at your case with a LOT of suspicion. I don't know if you can retroactively change your filing status but if you can, I highly recommend doing it not just for immigration purposes but we are talking thousands of dollars in refunds.

[Ebunoluwa 6,136]

Hello,

On April 29 of 2016 i need to send the documents for the adjustment of status based on marriage. I am planing to send followings:

1) Photos from vacations

2)Boarding tickets with both our names

3) apartment lease agreement with both our names

4)Affidavits from friends stating they’ve known both of you as a couple

​My question is if i am a student and don't work + my spouse files his tax return as single.What should i send, just his tax return or nothing but explanation that i am as student and my husband supports me?

Your evidence is not enough. Look over the list of co mingling items here >>> http://www.visajourney.com/content/751guide

They want financial co mingled from the inception of marriage.

He must amend his tax return to married to satisfy USCIS and would also potentially get more money back.

[ala_tika 16]

Hi,

Just to chime in what some other posters have suggested. First of all, you're not adjusting your status; you're removing the conditions on your 2-yr greencard. Which means that you must show USCIS that you and your spouse have maintained a bonafide marriage in the eyes of USCIS. Yes, most Americans don't have joint insurance or bank accounts but they don't have to prove anything to anyone; immigrants do.

It is your duty to show the officer, on paper, via proofs that you and your spouse have maintained your marriage over the last 2 yrs by submitting solid proofs.

Anyone can travel on vacation with friends and show pictures. But USCIS believes that you have to have various commingling of assets to show as solid proof. If your spouse refuses to adjust his tax filing status, do not include it in your package as that would greatly jeopardize your case. There shouldn't be anything listed as 'single' in your package.

You really should gather more 'solid' evidence than what you have so far. Bank statements, Bills, Cellphone bills, drivers license or ID showing same address. Joint Insurance (of any kind) etc. I would also suggest searching this forum for what other people submitted to give you a better idea. All the best to you.