QUESTION
Can immigration judge deport my husband due to me (u.s. citizen) not filing taxes?
Asked on Nov 27th, 2021 on Immigration - New York
More details to this question:
My husband is being detained by ice in the state of N.Y. The immigration judge has “paused” his removal proceedings so the I-130 could be submitted. It was submitted but i (u.s. citizen wife) have not filed taxes in quite a few yrs due to lack of income. Will the judge deport him for the lack of taxes or give us time to file them?
1 ANSWER
You will need to consult with an attorney to see if your husband qualifies for any relief from removal. I 130 helps only if you guys can prove real marriage and your husband qualities for adjustment of status or I 601a waiver. During the process for adjustment of status or Immigrant visa, you need to show you have sufficient income to sponsor your husband. That is when taxes come into play. If you cannot demonstrate that you have sufficient income, you will need to find a joint sponsor. Also, joint taxes help proving real marriage ... I hope to guys work with an experienced attorney. If youare looming for more information of issues related to green card based on marriage you can check it out here: https://www.shautsova.com/m/law-publications/green-card-based-marriage-usc.html.
Answered on Nov 29th, 2021 at 5:12 AM