Could this happen??............

Old Jun 13th 2003, 7:07 pm
  #1  
Jim Szv 32
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Default Could this happen??............

Under what circumstances would (if any) the foriegn spouse be asked for
certified tax returns at AOS interview time assuming USC makes way above 125%
of poverty level?

Should foriegn spouse be prepared to supply such at the AOS interview?

thanks James
 
Old Jun 13th 2003, 7:20 pm
  #2  
Mrtravel
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Default Re: Could this happen??............

Jim SZV 32 wrote:
    > Under what circumstances would (if any) the foriegn spouse be asked for
    > certified tax returns at AOS interview time assuming USC makes way above 125%
    > of poverty level?
    >
    > Should foriegn spouse be prepared to supply such at the AOS interview?

I have never heard of a requirement for certified tax returns.
The sponsors tax returns will be needed, but they aren't required to be
certified.
 
Old Jun 13th 2003, 7:39 pm
  #3  
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Default Re: Could this happen??............

Originally posted by Jim Szv 32
Under what circumstances would (if any) the foriegn spouse be asked for
certified tax returns at AOS interview time assuming USC makes way above 125%
of poverty level?

Should foriegn spouse be prepared to supply such at the AOS interview?

thanks James
You cannot certify tax returns. However you can obtain tax transcripts from the IRS.

The US Consulate determines what financial supportive evidence it requires. The US Consulate in London on their checklist tells you to bring tax returns.

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Old Jun 13th 2003, 7:46 pm
  #4  
Jim Szv 32
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Default Re: Could this happen??............

Under what circumstances would (if any) the foriegn spouse be asked for
certified tax returns at AOS interview time assuming USC makes way above 125%
of poverty level?

Should foriegn spouse be prepared to supply such at the AOS interview?

thanks James



woops, sorry, I did not mean ' certified" I meant the "tax transcripts": sorry
for the confusion on my part

Anyone ever hear of foriegn spouse needing them for AOS ?

thanks James

>>
 
Old Jun 13th 2003, 8:01 pm
  #5  
Andy Platt
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Default Re: Could this happen??............

"Jim SZV 32" wrote:

    > woops, sorry, I did not mean ' certified" I meant the "tax transcripts":
sorry
    > for the confusion on my part
    > Anyone ever hear of foriegn spouse needing them for AOS ?

In general there are two reasons why the foreign spouse would want their tax
returns for AOS:

a) They are filed jointly with the USC
b) They are being used for the I-864.

Both applied in my case; my wife had stopped working to stay at home with
our daughter so only my income (I'm the immigrant) was being used. I
provided the two tax returns we had filed jointly and the third tax return
both for my wife, as required, and for me. The interviewer ended up
disregarding the third year ones anyway.

Andy.

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Old Jun 13th 2003, 8:27 pm
  #6  
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Default Re: Could this happen??............

Originally posted by Jim Szv 32

woops, sorry, I did not mean ' certified" I meant the "tax transcripts": sorry
for the confusion on my part

Anyone ever hear of foriegn spouse needing them for AOS ?

thanks James

>>
You don't mean AOS either if the foreign spouse is overseas. But that is neither here or there. The I-864 requires tax returns/transcripts.

May I ask why you are asking? Do you not have them and fear needing them? Are you generalizing?

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Old Jun 14th 2003, 4:58 pm
  #7  
Jim Szv 32
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Default Re: Could this happen??............

<< You don't mean AOS either if the foreign spouse is overseas. But that
is neither here or there. The I-864 requires tax returns/transcripts.

May I ask why you are asking? Do you not have them and fear needing
them? Are you generalizing?

Rete >>

I was asking because I wanted to be fully prepared for anything which might be
requested so that there would be no delays. I, as U.S. citizen have all proper
evidence for AOS/Green Card prosessing.

Plus, I was curious if foriegn spouse, now here in U.S. could use his or her
income exclusively in order to show income requirements for Green Card.

Thank you James
 
Old Jun 14th 2003, 6:17 pm
  #8  
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Default Re: Could this happen??............

Originally posted by Jim Szv 32
I was asking because I wanted to be fully prepared for anything which might be
requested so that there would be no delays. I, as U.S. citizen have all proper
evidence for AOS/Green Card prosessing.

Plus, I was curious if foriegn spouse, now here in U.S. could use his or her
income exclusively in order to show income requirements for Green Card.

Thank you James
Technically, NO. If the adjustment of status is based on marriage to a US Citizen, the US Citizen has to complete an I-864. The non-techincal part is that if the USC does not have the income or assets to provide financial sponsorship, the foreign spouse can include their income and/or assets under form I-864A to be used in conjunction with the USC's I-864.

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Old Jun 14th 2003, 6:38 pm
  #9  
Jim Szv 32
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Default Re: Could this happen??............

<< Technically, NO. If the adjustment of status is based on marriage to a
US Citizen, the US Citizen has to complete an I-864. The non-techincal
part is that if the USC does not have the income or assets to provide
financial sponsorship, the foreign spouse can include their income
and/or assets under form I-864A to be used in conjunction with the
USC's I-864.

Rete

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As always, your explainations are great.

Thanks James
 

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