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Between a rock and a hard place regarding Adjustment of Status

Sacramento, CA |

I married my husband before my F-1 status ran out (nearly two years ago). I didn't know at the time that he hasn't filed taxes for the past 6 years. It doesn't look like he is going to do anything about it either now or in the future.

I know about all the forms, about getting co-sponsors etc., I know he needs to sort himself out but that isn't going to happen.

My problem is what on earth can I do about staying in the US if my husband has been so irresponsible and none of it is my fault.

Attorney Answers 3

Posted

What is your problem? If he is a US citizen, I do not see what the issue is other than having a co-sponsor.

This answer is for informational purposes only and should not be construed as legal advice.

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3 comments

Asker

Posted

Because he hasn't paid taxes for six years he cannot do the affidavit of support because they want three tax transcripts.

Aneliya M. Angelova

Aneliya M. Angelova

Posted

WRONG. They need the income (just the amount) for the last three years, not the tax returns. They only require the most recent tax return. If the tax return is not available, there are other ways to prove income. You should consult with an immigration lawyer.

Thomas Joseph Baker

Thomas Joseph Baker

Posted

Attorney Angelova is correct. Do yourself a favor and quit freaking out and get a consultation.

Posted

If your husband is a USC, you can "overstay" your visa without penalty (be extremely careful, and discuss your overstay with a qualified immigration attorney). However, before you file for an adjustment, he must sign the affidavit of support, which MUST include his latest federal income tax return (or IRS transcript), unless he can prove he is not required to file a tax return.

The answers provided should not be considered legal advice. They are for general information only. It is always recommended you consult with an attorney prior to taking any action.

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Posted

Divorce him and move on with your life.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

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2 comments

Asker

Posted

I don't want to be deported.

Thomas Joseph Baker

Thomas Joseph Baker

Posted

Odds are you wouldn't.

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