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little immigrant

Does the immigrant need to file past taxes?

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Hello guy I'm asking for my brother in law today. He has been in the US on a tourist visa and wants to adjust status through marriage to a US citizen. Does he need to file past years of taxes? If yes how many? Thank you



My timeline:
2011-10-31 US Entry with CR1
2013-09-02 ROC filed
2014-03-24 Approved
2014-05-05 10 year Green Card received
2015-04-23 Divorced
2015-06-17 Remarried
2016-08-02 N400 filed under 5 year rule
2017-05-04 Interview
2017-07-05 Oath Ceremony
Husband's timeline:
2013-01-16 US Entry under B2
2017-07-05 Filed for AOS
2017-10-30 Received approval letters for EAD & AP
2017-11-02 Combo Card received
2018-12-13 Interview date
2019-01-02 Approved
2019-01-09 10 year Green Card received
Son's timeline:
2019-01-17 Filed I-130 LIN IR2 
2020-02-05 Approved LIN
2020-03-11 Received NOA 2
2020-03-13 Paid Fee $120
2020-03-24 Uploaded AOS
2020-04-20 Submitted civil documents
2021-01-05 Documentarily Qualified
2021-01-28 Medical
2021-02-11 Interview
2021-02-24 Issued
2021-07-15 US Entry with IR2

2022-02-22 10 year Green Card received
Husband's & Son's timeline naturalization:
2021-10-04 Eligibility opens up

2021-10-17 N400 online


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Does he need to file? If he meets the requirements to be required to file, then yes. I'm going to assume he has overstayed and meets the substantial presence test. If so, then yes he must file.

But that's an IRS issue, not AOS one. Although it can become an issue for naturalization later, depending on if & when he files for that.




7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received



AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received




12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received



4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017



5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE


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