the people helping us get his green card say that I need my taxesfor the las 3 years. I have been filing as single because he has no ss#. is that going to be an issue with the INS?
2007-03-20 18:52:41 · 3 answers · asked by daramint 3 in Politics & Government ➔ Immigration
He cannot get his green card in the USA because he is illegal. He needs to go back to his home country and apply from there.
2007-03-21 01:59:10 · answer #1 · answered by rocio 5 · 0⤊ 2⤋
There are two reasons you can submit taxes to USCIS:
The first is for the affidavit of support - form I-864. You only have to submit the most recent year. You can submit the past three years, but you should probably not bother unless you have trouble with the income requirement and need to show past income to support your application. The requirement is that you show you make at least 125% of the poverty line.
The second is to show you are in a real relationship. The taxes are just one of the pieces of evidence you can use to show your marriage is real. While it would be better to have included your husband on your taxes, it is probably not fatal to your application.
Warning: If your husband was admitted to the US and violated status (overstayed a visa), then he can still file to adjust status in the US (Form I-485). If he entered without papers (aka EWI), then he is ineligible to adjust status in the US and will have to go home to claim the visa when approved. If he has accrued more than 6months/1year of illegal presence in the US, he will be barred from coming back for 3/10 years after he leaves. There is a waiver, but it requires a showing of hardship to a US citizen. You should talk with the people helping you about this. If they are not experienced in immigration matters (and especially if they are notarios), you should consider speaking with an immigration attorney.
2007-03-21 06:45:11 · answer #2 · answered by Eddie S 3 · 2⤊ 1⤋
I hope so.
2007-03-20 20:50:14 · answer #3 · answered by JOHN D 6 · 1⤊ 1⤋