First of all, your husband needs to file those tax returns that he had to file. Your case may not be processed without the evidence that he has filed all the tax returns. He will need to enclosed his federal tax returns, as well as all supporting W-2 / 1099 / Schedules. While submitting tax returns is usually enough, the USCIS officers may request official transcripts from the IRS. Hope this helps!
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He should get his back tax situation straightened out -- go to a tax preparer if he doesn't want to do it himself as he will have to give income amounts for the last three years.. Either tax return or tax transcript from IRS are acceptable
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
It MUST be copies of his tax returns AND Tax Return Transcripts .... including his Schedule C (profit/loss from business).
Thus, you need a tax person and won't be able to file for at-least 4 weeks, if not longer ... depending on your tax prepare.
You should probably also consult with an immigration attorney ... self-employed ... late-filing tax people ... are always complicated cases.
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Tax return and W-2 form and if self-employed, federal return and transcript
Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a client attorney relationship is not created. For a free consultation call (646) 253-0516.