AOS and 3yrs of taxes

[Gman]

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.

[Gman]

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.

[aneri]

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.

[Houston]

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-

[Gman]

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"

[sappyconifer]

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)

[Gman]

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

[sappyconifer]

http://a257.g.akamaitech.net/7/257/2422/01jan20061800/e...gov/2006/06-5522.htm