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I-751 Waiver evidence - Joint Taxes?

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I-751 Waiver evidence - Joint Taxes?

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Old Dec 25th 2009, 6:41 pm
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Default I-751 Waiver evidence - Joint Taxes?

Greetings everyone,
I was a silent reader for quite some time and decided to contribute. I'm an active member in 2 other immigration forums, but i must say, i find your forum very interactive and beneficial.

now...BIG SIGH..

here's my case..

Married in Jan 2007
GC received March 2008
Divorce Filed September 2009 (almost finalized)
Current GC expires March 2010

I'm glad the semester is over so i worked on collecting as much evidence as i can.. and here's what I have so far.

Affidavit letters (as well as one from our marriage counselor)
Joint bank accounts (from 2 different banks since we switched banks)
Joint Car insurance
Joint lease
Joint health insurance (with lots of statements for her hospital visits)
Tons of documents showing joint address, for the 2 addresses
Joint Cellphone accounts
Joint credit card accounts (working on getting the statements....)
Copies of our wedding stuff including reservation for wedding hall, gift registries, etc...
Copies of boarding passes for 2 separate trips
60+ photos from wedding, family events, trips, etc...
We're also from the same country of origin and we share the same faith.The only reason I'm mentioning this is because that was a very big plus when we had our interview...that was one of the only few evidences we had at the time).

I won't ask the usual "is this evidence enough" since i dont think evidence is never enough for a waiver! i'll include whatever i have afterall

But I don't have any jointly filed taxes. You see, my wife's first job was late 2008, so no previously joint taxes were ever needed to be filed. And by the time we had to file our 2008 taxes, we were separated. I understand that even with a married couple, taxes arent necessarily filed jointly. But i noticed that in most, if not all, waiver applications, joint taxes are included a evidence.
Would that impose any flags whatsoever?

p.s Milan79, are you still around? Do you still reside in Gainesville?
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Old Dec 25th 2009, 6:59 pm
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Default Re: I-751 Waiver evidence - Joint Taxes?

Originally Posted by okalian
But I don't have any jointly filed taxes. You see, my wife's first job was late 2008, so no previously joint taxes were ever needed to be filed. And by the time we had to file our 2008 taxes, we were separated. I understand that even with a married couple, taxes arent necessarily filed jointly. But i noticed that in most, if not all, waiver applications, joint taxes are included a evidence.
Would that impose any flags whatsoever?
Whatever taxes were filed, need to show they were filed as "married". It can either be "married jointly" or "married separately", as long as they show "married". You'll run into trouble only if the taxes show "single".

Rene
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Old Dec 25th 2009, 7:06 pm
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Default Re: I-751 Waiver evidence - Joint Taxes?

Rene,

Thanks for your prompt response!

I actually wasn't sure at the time about my tax situation, so i filed for an extension. And i mistakenly missed the deadline in october for filing.. So i called up the IRS folks and they said it's ok to still file for taxes (the only difference is that at the moment i can't file electronically). So before the divorce final i guess i'll go ahead and file once the postal service is back and running after the break (monday, that is).

But it will take a while (4-6 weeks, according to IRS) for taxes to be processed. Do you think i can still submit the waiver without them, explaining the situation the way i just did to you?
I came across a post where the filer didn't bother include any tax information, and he/she was approved
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Old Dec 25th 2009, 7:08 pm
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Default Re: I-751 Waiver evidence - Joint Taxes?

Originally Posted by okalian
Rene,

Thanks for your prompt response!

I actually wasn't sure at the time about my tax situation, so i filed for an extension. And i mistakenly missed the deadline in october for filing.. So i called up the IRS folks and they said it's ok to still file for taxes (the only difference is that at the moment i can't file electronically). So before the divorce final i guess i'll go ahead and file once the postal service is back and running after the break (monday, that is).

But it will take a while (4-6 weeks, according to IRS) for taxes to be processed. Do you think i can still submit the waiver without them, explaining the situation the way i just did to you?
I came across a post where the filer didn't bother include any tax information, and he/she was approved
Yes, you should be fine submitting whatever you have without the tax information. Taxes are just one form of evidence. Everyone's situation is different. If USCIS really really really wants to see tax returns, they'll send you an RFE and you can respond to that. Or, if you end up with an interview, you can provide them then.

Rene
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Old Dec 25th 2009, 7:30 pm
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Default Re: I-751 Waiver evidence - Joint Taxes?

Thanks once again!

I'll keep everyone posted on my case.
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Old Dec 25th 2009, 11:29 pm
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Default Re: I-751 Waiver evidence - Joint Taxes?

If you file the tax return today (the PO is open today btw) or on Monday, you can send a copy of your filing with your package.

Also make a complete copy of your filing for your files so that you have evidence of what you sent.
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Old Jan 3rd 2010, 4:17 am
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Default Re: I-751 Waiver evidence - Joint Taxes?

Originally Posted by okalian
Greetings everyone,
I was a silent reader for quite some time and decided to contribute. I'm an active member in 2 other immigration forums, but i must say, i find your forum very interactive and beneficial.

now...BIG SIGH..

here's my case..

Married in Jan 2007
GC received March 2008
Divorce Filed September 2009 (almost finalized)
Current GC expires March 2010

I'm glad the semester is over so i worked on collecting as much evidence as i can.. and here's what I have so far.

Affidavit letters (as well as one from our marriage counselor)
Joint bank accounts (from 2 different banks since we switched banks)
Joint Car insurance
Joint lease
Joint health insurance (with lots of statements for her hospital visits)
Tons of documents showing joint address, for the 2 addresses
Joint Cellphone accounts
Joint credit card accounts (working on getting the statements....)
Copies of our wedding stuff including reservation for wedding hall, gift registries, etc...
Copies of boarding passes for 2 separate trips
60+ photos from wedding, family events, trips, etc...
We're also from the same country of origin and we share the same faith.The only reason I'm mentioning this is because that was a very big plus when we had our interview...that was one of the only few evidences we had at the time).

I won't ask the usual "is this evidence enough" since i dont think evidence is never enough for a waiver! i'll include whatever i have afterall

But I don't have any jointly filed taxes. You see, my wife's first job was late 2008, so no previously joint taxes were ever needed to be filed. And by the time we had to file our 2008 taxes, we were separated. I understand that even with a married couple, taxes arent necessarily filed jointly. But i noticed that in most, if not all, waiver applications, joint taxes are included a evidence.
Would that impose any flags whatsoever?

p.s Milan79, are you still around? Do you still reside in Gainesville?
Hi there, yes I still reside in Gainesville, FL
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Old Jan 3rd 2010, 5:01 am
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Default Re: I-751 Waiver evidence - Joint Taxes?

I did not file joint taxes or present any taxes what so ever and was appproved.
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Old Jan 3rd 2010, 6:31 pm
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Default Re: I-751 Waiver evidence - Joint Taxes?

Poppy girl,

thanks for the info! So did you explain anything about your taxes or you just didn't mention anything about it?

Update: divorce decree is ready..
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Old Jan 4th 2010, 2:23 am
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Default Re: I-751 Waiver evidence - Joint Taxes?

Originally Posted by okalian
Poppy girl,

thanks for the info! So did you explain anything about your taxes or you just didn't mention anything about it?

Update: divorce decree is ready..
It was never asked or spoken of.
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Old Jan 4th 2010, 1:56 pm
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Default Re: I-751 Waiver evidence - Joint Taxes?

Okalian, you asked me if I was still in Gainesville, don't really know why, but I answered to you in private message, not sure if you are getting them. Let me know Milan

Last edited by adjudicator89; Jan 4th 2010 at 1:56 pm. Reason: correction
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