About to file ROC for my husband; gathering the rest of evidence that I have for bona fide marriage here is one problem I'm concerned about. So I ordered Tax transcripts from our first year filing taxes together and turns out I filed married but separately (I used turbotax and wasn't sure how to file since he didn't have his green card or a job at that time). I remembered including his info when I filed taxes that year but it wasn't until I received the transcripts that I realized didn't do jointly(I couldn't remember cause it's been almost 2 years). then last year we didn't file taxes so we don't have evidence to send for that year (as far as income tax) but this year we did file jointly and probably won't have time to order a transcript(because we are still waiting for our income tax check to come in the mail and then we are going to make a copy of the check as proof we filed together so we can send our package off before deadline...it's coming up close. so worried about ROC because we aren't well prepared with evidence like others are(basically scrambling to gather whatever we can find that has both our names and same address on it)
As long as the other bond fides are very strong you should be ok. Or you can always refill the taxes.
It's always a good idea to be represented by an attorney in connection with the I-751, particularly in cases such as yours where there are potential evidentiary issues. Simply enclosing tax return transcripts and a few letters showing the same address is normally insufficient to make a prima facie case. The fact you filed separately in the last tax returns that you have available doesn't help. If you don't make a prima facie case, you generally get denied without the opportunity of an interview. And an I-751 denial automatically sends your husband to removal (deportation) proceedings. Don't try to do it on your own or through a "notario". I don't always say this, but this is definitely a situation where you should invest in an immigration attorney. Best wishes.
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Being unrepresented with respect to an I-751 is a recipe for disaster, and you'll want a substantial package so it doesn't get denied
With regard to the tsx return which you filed as "Married Filing Separately," it appears that you can file an amended return in the classification of "Married Filing Jointly." Even if you do not have enough time left to do so before the filing deadline for your I-751 Petition, you can do so as soon as possible after you submit your petition and then send a copy of the amended return to the USCIS later, as an addendum to your pending petition (after you will have received the USCIS Receipt Notice for your petition).
Furthermore, you hopefully have other evidence of the authenticity of your marriage that you can submit as supporting documentation with your I-751 Petition, such as copies of the monthly statements for your joint bank account, joint utility bills, joint cell phone plan, joint car insurance, joint medical insurance, both names on your apartment lease (or both names on the mortgage for your home), life insurance policies naming each other as primary beneficiaries, and photos of the two of you together over the last two years, including group photos showing you with friends and relatives (which should be submitted with captions, stating the date, place, and occasion when the photo was taken, and naming the other persons in the photo, and their relationship to you).
In addition, you may submit affidavits of sincerity of marriage, provided by friends and family members who have knowledge of your relationship and can describe occasions when they have seen the two of you together.
You may want to schedule a consultation with an experienced immigration lawyer, so that the lawyer may advise and assist you with the preparation and submission of your petition.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
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