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AOS and 3yrs of taxes

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  • AOS and 3yrs of taxes

    Any suggestions if a sponsor for AOS as resulot of marriage has only tax records for omly a year and never filed for the two previous years even though the earned a minor income working in a restaurant.
    2. Is there a problem if the beneficairy worked for the last 3 yrs wihout work authorization but filed her taxes for all 3 yrs she has been working? I will appreciate any help out there.

  • #2
    Any suggestions if a sponsor for AOS as resulot of marriage has only tax records for omly a year and never filed for the two previous years even though the earned a minor income working in a restaurant.
    2. Is there a problem if the beneficairy worked for the last 3 yrs wihout work authorization but filed her taxes for all 3 yrs she has been working? I will appreciate any help out there.

    Comment


    • #3
      A spouse sponsor needs to submit only the most recent tax return, not for the last 3 years.

      2. Work without authorisantion doesn't make immediate relative (spouse, paretn, child under 21) ineligible to adjust staus to permanent resident.

      There could be a problem if the SSN used belongs to somebody else than the person who was working.

      Comment


      • #4
        You can always file a 1040X to fix your tax situation. Other than that, working without authorization is not a ban to AOS if you're an immediate relative.
        -THIS IS NOT LEGAL ADVICE-

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        • #5
          Thanks aneri and Houston. But information from immigration service says tax documents fro last 3 years is required. He has the most recent but does not have one for the 2 previous years.

          Houston: as far as the SSN, she is using her own SSN it only has an inprint which says "legal with work authorization"

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          • #6
            There was a final order on revision to Affidavit of Support released in 2006, that changed the requirement for marriage-based adjustment from 3 years tax returns to one return (the current year, which would be 2005)
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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            • #7
              Thanks Snappyconifer. Do you have the link to the final ruling? That's great news if correct.
              Thanks

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              • #8
                http://a257.g.akamaitech.net/7/257/2422/01jan20061800/e...gov/2006/06-5522.htm
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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