AOS interview - tax returns requirement question

[vierce]

Hi - I've brought this up a while ago but would like more feedback on this please. It concerns a marriage based petition. I'm an alien married to a USC.


When me and my spouse go in for an interview (conditional residency to start with) - I realize they will want to see HIS tax returns last last 3 yrs.

However, my big question is - will they also ask for MY tax returns for the last 3 yrs, even if we haven't been married for that long?


Please advise.

[vierce]

Hi - I've brought this up a while ago but would like more feedback on this please. It concerns a marriage based petition. I'm an alien married to a USC.


When me and my spouse go in for an interview (conditional residency to start with) - I realize they will want to see HIS tax returns last last 3 yrs.

However, my big question is - will they also ask for MY tax returns for the last 3 yrs, even if we haven't been married for that long?


Please advise.

[ARQU]

Others will have input into this but I doubt your returns are relevant. They normally are looking at the returns to support the affidavit of support as a part of the AOS.

They will also want to see joint returns for any period that you have been married, that is if you have filed any (ie: April 15th come and gone between the marriage and the interview).

Others may have more helpful comments...

By the way - and I apologize for this comment - it is "My spouse and I" not "Me and my spouse"... My old English teacher drilled that one into us years ago by hitting us over our knuckles with a yardstick! I think my son could benefit from some of that good old-fashioned corporal punishment sometimes!

ARQU

[vierce]

Thanks, ARQU -

I will be awaiting further input from people who have heard of or have experience of what I'm talking about.

Joint returns are not an issue for me - we have them as of 2003.

So the purpose of my USC husband's tax returns, including time when he was single, is to show that his affidavit of support is substantiated?

[ARQU]

As I understand it - yes...

ARQU

[JohnDoe]

No your returns are not relevant at all. You can include them if you want to, but the only one needed are for the sponsors.

But make sure that if you have filed ANY returns, you include them, because I recall they may ask if you have worked in the US before, depending on what your SS# says. I know someone who tried to lie had not worked and they were able to tell.

Thing to know is that your returns are not a major thing, but you can include them if you have them.

The main requirement is for the tax returns from those who sign your affidavit of support.This could be your spouse or anyone else, but in determining your spouse's income qualification, if you filed a joint return, they will only look at YOUR SPOUSE'S INCOME only.

I hope you get the idea.

[williamaria]

Hi, as far as I know, if your sponsor (in this case your husband) meets the immigration requirements which is an income of 125% above the poverty line, you won't have to submit any tax returns.

[Glühbirne]

I don't think you'll need to show your returns unless your husband can't meet the poverty line by himself. It's kind of funny, but I think that as far as marriage-based greencards are concerned, they could care less whether you can support yourself or not. They just want to make sure that HE can support you, since it is his "fault" that you're getting a greencard.

[BronzeLady]

CIS personnel will want see your tax returns as well

[vierce]

Thanks so much for everyone's input.

I'S STILL LOVE TO HEAR FROM PEOPLE WHO'VE PERSONALLY GONE THROUGH THIS, esp. in Virginia.

My spouse's income is

[vierce]

sorry for the truncated message

just wanted to say my spouse's income is way above requirement.

In the past 3 yrs, I've worked on F-1, strictly within legal bounds, but I didn't make **** . We, internationals, never really filed taxes cuz we were told (by a few admin. employees on campus) we're exempt - and this is correct given the super insignificant income we had. However, I recently found out I should have still filed, just put "exempt" on my tax form.

Just trying to figure out if the INS would give me hard time for not following the silly procedures.

[KHanafy]

In VA, the officer will not review your tax returns and/or other documents substantiating your income if your spouse meets the income requirements. The officers in VA usually request employment verification letter and some officers request 2003 tax returns and W-2. So make sure your spouse has these ready to avoid any further delay.

Hope this helps.

Karim

[vierce]

Thanks Karim