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

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

Posted

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 be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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Bruce Givner

Bruce Givner

Posted

Alena is correct.

Asker

Posted

Thank you for your answers. Can he just type his reason for not filing his tax himself on a piece of paper and attach it to his affidavit of support form? Also, if he explains that he didn't file his tax himself, is he no longer required to submit the copy of his W-2?

Alena Shautsova

Alena Shautsova

Posted

He needs an affidavit. Please hire an attorney, it's cheaper than fight a denied application, trust me.

Asker

Posted

Would my case be denied?

Alena Shautsova

Alena Shautsova

Posted

Hopefully not, it depends on the preparation.

Asker

Posted

Thank you. In case I cannot get a lawyer, I appreciate it if you could answer this question. Does my husband have to explain the reason he didn't file his tax himself on the affidavit form or something else while he still files an affidavit?

Posted

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.

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Asker

Posted

Thank you for your answer. Does my husband still need to send the copy of his income tax return to USCIS when he signs an affidavit of support?

Bruce Givner

Bruce Givner

Posted

Christian is correct.

Asker

Posted

Thank you for your answer. Can my husband still file his taxes? If he can, can he claim me on his tax return even before I apply for green card? I remember that he had to write "single" on W2 when he got his jobs last year because the form said even if he was married he had to write single if his spouse was a non-resident alien, and I was and still am just an F-1 visa student. Sorry in advance if I'm not making any sense.. This is my husband's and my very first time to deal with tax-related things and I'm so confused. I appreciate it if anyone could answer to these questions!

Posted

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, Suite 707 San Francisco, CA 94104

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Bruce Givner

Bruce Givner

Posted

Samuel is correct.

Asker

Posted

Thank you for your answer. When my husband signs the affidavit of support, would it be a problem if he writes his income as 0 because he has no taxed job at this point? He cleans a church we go to and earns some money, but it's not a taxed job. Can he still include it as income? Eitherway, does he have to send the copy of W2 that he got recently?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

He should put whatever is his actual income and include the W2 as well.

Asker

Posted

Thank you. His W-2 says his dependent care benefits are 0.00, but is this something related to his taxable marital status? He wrote single on his form when he was hired, I forgot what the form was called, but he was hired by the fast food restaurant Wendy's and the form said if he's married to a non resident alien, he has to write single, so that's what he did. But someon told me today that this would look bad to the immigration because we want get green card through marriage. Did we make a mistake? His paystabs say single, too.

Posted

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

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Posted

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.

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3 comments

Asker

Posted

Thank you for your answer. Do we have to my husband's parent as our joint sponsor in this case, since my mother in law put my husband's name on my father's tax return saying my husband wasn't earning much money last year and my mother in law was sending him money? I am worried because my father in law isn't making enough money this year, although he did until last year.

Asker

Posted

Also, is it possible for my husband's parent to sign the affidavit for my husband and someone else to sign for me since we can have up to 2 joint sponsors, or has a joint sponsor definitely have to include an immigrant to support when he/she files an affidavit?

Jeffrey B. Peltz

Jeffrey B. Peltz

Posted

If you have a co-sponsor that qualifies for you to file then you would not need to use the in-laws at all.

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