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Help! My mother in law keeps claiming my husband as a dependant and I need the tax returns to file my adjustment of status.

New York |

I've been married for almost 2 yrs and still haven't filled my adjustment of status papers because for 2 consecutive tax yrs my mother in law claims (only) my husband as a dependant although he is self imployed and works at least 6 months a year. She files the documents evey year b4 we have a chance to do our taxes. She refuses to have them amended and my husband wont consider legal action although her actions aren't authorized. What can I do to move forward with my immigration case. We have been together for 7 years but I feel lost here. I went ahead and found a co-sponsor but will that be enough? I'm not sure if I should go ahead with the affidavit of support using my co sponsor and listing my husband as unemployed. I have lived in the U.S since age 13 and don't know any other life.

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Attorney answers 1


Provided that you are otherwise eligible to file for adjustment of status, the co-sponsor is all you need.
Look on the bright side: the delay in filing your case will work to your advantage for if approved, you will receive lawful permanent residence as an immediate relative instead of conditional lawful permanent residence requiring the filing of additional paperwork and fees at a later date.

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