Sb-1 For Parent Out Of The Country

[mahesh 0]

Both parents were in States for 2.5 years on green card I had sponsored.
Close to end of stay father's health was failing and he wanted to get alternative treatment in India. One ailment after another and they could not return back to the States. He was hospitalized about 5 times in the 3 year they were away. My father passed away last October. My mother would like to return and I am planning to file SB-1. I have all medical papers from US and India to show as evidence.

The only complication I can think of tax filing. Since they were out I did not include them as dependents on my tax returns. So she has no US tax returns to show. Should I late-file for her before the SB-1 interview?

[Hypnos 6,576]

It makes little difference, since they'll be able to see exactly when you filed them.

 

SB-1 may or may not work; the bar is high. Although if it's denied you can just turn around and petition your mother again, so there's no harm no foul in trying it first.

[mahesh 0]

The thought was to get an IRS transcript for the returns and hope the Visa officer does not look for the filing dates, which probably are listed somewhere on the transcript. Like you say, they may catch it. 

 

I am debating how much time and trouble to go thru for filing taxes ASAP versus just showing up as and take a chance. If likelihood of it working is very slim anyway, might as well save time and give it a try as is.

 

Thoughts?

 

 

[Boiler 45,663]

She needs to file her taxes.