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Decatur, IL |

My husband came to the US on a fiancee visa last year and got his green card in September.We are trying to bring his young son ( under 21) over. We file our tax return together this year and was more than the poverty guidelines requirements. Since he's only been in this country and working legally for one year, what will happen if NVC asked for 3 yrs return and he cannot produce it? Will that hurt our application to sponsor his son to immigrate here?

Attorney Answers 5

  1. Best answer

    He will not need to produce 3 years of income tax returns.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  2. One one more recent year of income tax returns is needed for purposes of proving income.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  3. I agree with my colleagues above. Just want to add that you could consult with a US accountant or tax attorney about back-filing if he didn't file taxes in a specific year

    This message is intended as general information and does not create an attorney-client relationship. If you are interested to speak with me directly, please contact me at 604-671-7600.

  4. If he is over 18 you have problems. Assuming he is not over 18, you should be filing the visa petition, as a step parent, not your husband, and it is your tax returns that are required. There is over a 2 year wait for children of permanent residents, and no wait for children of citizens. That includes step children.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  5. The petition would continue to be processed.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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