Can my husband be on someone else's tax return while we apply for green card through marriage?

Asked over 1 year ago - Geneseo, NY

My husband and I want to apply for green card through marriage soon . I am the immigrant and my husband is an American citizen . I am worried because My father in law put my husband's name on his most recent tax return . My parents in law say that a tax officer they talked to said that they can claim my husband if he didn't earn much money last year . Indeed my husband earned only 1000 dollars last year . But is it alright for my husband to be on his father's tax return when he is married ? What happens if his parents are our joint sponsor ? In any case we need a joint sponsor , but would my husband still need to send a copy of his tax return ? if he does , again , is it okay that his name is on his parent's tax return ?

Attorney answers (5)

  1. Alena Shautsova

    Pro

    Contributor Level 20

    8

    Lawyers agree

    11

    Answered . You will need to work with an attorney for your adjustment application. Your husband will need to explain why he did not file taxes himself and he will need to find a joint sponsor. Good luck.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . This is a personal question. Better be discussed in a privacy of a consultation with an attorney.

  3. Christian Schmidt

    Contributor Level 19

    6

    Lawyers agree

    Answered . Your husband must sign an affidavit of support regardless of whether he meets the income requirements and can document it. You will also need a qualified co-sponsor who signs an additional affidavit of support.

  4. Jeffrey B. Peltz

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . As long as you have a co-financial sponsor, then your green card application can go through. Both your husband and the co-financial sponsor would have to file a separate affidavit of support on your behalf.

  5. Samuel Patrick Ouya Maina

    Contributor Level 19

    5

    Lawyers agree

    Answered . Your husband as the petitioner will have to sign and submit an affidavit of support regardless of his income. You will then have to use a joint sponsor as well.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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