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My husband has overstayed his visa, can you help?

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  • Scared
    replied
    Hello everyone,

    I cannot believe how fast everything is moving, at least so far! We received notice today that the biometrics appointment will be April 5th.

    Leave a comment:


  • Scared
    replied
    Can anyone tell me how long we can expect to wait for the biometrics appointment? Or what is the next step in the process period?

    I was telling my husband just yesterday that maybe we needed to contact the attorney to see if the paperwork had been sent out, and when we reached home we had three letters from immigration. We just visited the attorney on March 4, so I was shocked to hear from immigration so soon. If anyone can tell me what to expect next, I would appreciate it.

    Thanks!

    Leave a comment:


  • Antifascist1
    replied
    Good Luck with your LPR,
    IE

    Leave a comment:


  • Scared
    replied
    Hello all,

    We received notice today that our I-765, I-130 and I-485 had been received. The notice said that our next step would be the biometrics test and that we would receive notice of a day and time of where to take the test.

    My accountant is now filing an amendment to my taxes, since I had in fact filed single. He is looking up the tax laws for us so that we'll know what we are doing.

    That's the update for now. Thank you all for your help.

    Leave a comment:


  • Hudson
    replied
    Scared,
    Thank you for the compliment, Scared.

    If you were married as of 12/31/2005, then you are considered married throughout the entire year. therefore, for tax year 2005, you should file Married filing jointly. I would suggest either filing an amended return if you have already filed, or file marrid filing jointly when you file your 2005 return.

    Leave a comment:


  • ImmortalE
    replied
    Zigmund Freud shall be proud of you!

    Infantilism elevated to the skies.

    Leave a comment:


  • Scared
    replied
    Hudson,

    thank you for your response! My husband and I just married 4 months ago. We have not filed joint tax returns as of yet.

    Leave a comment:


  • ImmortalE
    replied
    Very good, Hudson !
    Now I can give you the Fire of Prometheus to hold and Brighten the Dark passage for fellows in need.


    P.S. I AM OFFIICIALLY REGISTERED TITAN PROMETHEUS, SON OF LAPETUS !

    Leave a comment:


  • Hudson
    replied
    This site is full of B.S.

    None of you are aware of TAX CODES or IMMIGRATION REGULATIONS to the extent that would allow you to speak on the issue while maintaining some level of credibility.
    There was very limited information that the poster gave. However, I AM AN ENROLLED AGENT and used to work fro the IRS as a Internal Revenue Agent. So at least I have a better idea of what the laws are than you any day of the week. Apparently, the attorney was sure enough after her returns that there would not be a problem. Besides, USCIS will only look at the last 3 years. If they were filing jointly, whether they included his income or not, immigration will not know, on the IRS will know if the income was reported through the various information returs. After the husband becomes a GC holder would he be required to follow all the laws for filing a tax return.

    Leave a comment:


  • ImmortalE
    replied
    That she should do: contact professional Immigration Attorney and CPA for legal advise.

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  • AliBA
    replied
    ImmortalE--Actually, there's no point in YOU or any of us trying to be specific on this matter, beyond urging her to check with a tax attorney and raising some possible reasons why she might want to do so. Only her attorney and accountant could and should give her the necessary advice.

    Leave a comment:


  • Scared
    replied
    Houston,

    As usual, thank you for your insight on the tax issue. You always seem to offer insight and calmness.

    Aliba: In no way do I believe the tax issue is a trivial matter. I don't believe I wrote that did I? I am new to this board, I am just in the midst of filling out the paperwork. There are going to be zillions of questions that may be posed to me that right now, I cannot answer, because I don't know the answers to them, if that seems trivial to you, OK.

    ImmortalE: Truly, I am coming to this site, and to this thread that I started to find out information and share what I have learned so that the experts here and those who have experienced what I am going through can help me. Can you refrain from using this thread as a place for your outburts and advertisements? I would really appreciate it.

    Leave a comment:


  • ImmortalE
    replied
    This site is full of B.S.

    None of you are aware of TAX CODES or IMMIGRATION REGULATIONS to the extent that would allow you to speak on the issue while maintaining some level of credibility.

    Leave a comment:


  • Hudson
    replied
    To ImmortalE, Aliba, and Scared,
    The tax issue may be a problem with your husband if there is no income tax returns from him, either filing as married filing joint, or in another filing status by himself within the last three years. It seems that the attorney may not have to worry about this when the time comes given the information provided by him and hoping he has some knowledge of US tax code.

    There were a couple of important items which Aliba nor ImmortalE were correct. If your husband has not filed, and lets presume he did not, and your husband had income and wiwhholding, he can get a refund within three years of the due date of the return, including extensions, or within two years of the tax is paid, whichever is later. There is no statue if fraud is intended or he did not file. Penalties and interest will only accrue if there is a balance due, that is, if the payments are less than the tax.

    Estimated tax penalty, that is not paying enough into the system, occrus when you owe more than a $1000 and your withholding is less than 90% of the current tax or 100% of the previous tax. There is a safe harbor law if your income is above a certain thresshold, income over $150000 for most filing statuses.

    Aliba is correct that those who have ITIN's, illegals or certain legal aliens, cannot get earned income credit. Publication 596, Earned Income Credit, at http://www.irs.gov or the instructions on form 1040 series, will provide you with that rule and the other rules for being eligible for EITC. It used to be, prior to 1994, that illegal aliens could get the EITC, but that was also prior to the ITIN. SS cards used to have a proviso, "not entitled to work" without any mention to INS approval. This was the procedure until that law was changed. If one of the parents or even the child has an ITIN, they are inelible for the credit.

    Leave a comment:


  • ImmortalE
    replied
    LPR'S are also ALIENS, btw.
    There is nothing insulting in this term.
    People are getting WAY TOO sensitive, now don't they?

    Leave a comment:

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