QUESTION

Would Not Submitted a Tax Return Stop My Wife From Getting a Visa?

Asked on Jul 30th, 2012 on Immigration - California
More details to this question:
I have a quick question, today I found out in a website which explains things to bring during the interview time: The below info is written: IF a sponsor filed an I-864 (Affidavit of Support) AND provided the NVC with proof of an IRS Federal Income Tax Extension in lieu of a Federal Income Tax Return, the applicant must bring the sponsor's most recent Federal Income Tax Return to the visa interview. My Scenerio: My recent tax that I have filed was Tax year 2010 I couldn't file for 2011 tax year since I was married at the end of YEAR 2011 and my wife is still in different country and has no SSN yet. I do not owe any money to IRS but instead will get some refund. Also, the tax advisor advised me to file the tax after my wife come to the USA and receives a SSN because I can't file the tax without her SSN since my status is MARRIED in YEAR 2011. Question 1: I have already sent the Federal Income Tax Extension to IRS and will expire in 6 months. Also, I have already sent the original TAX return for 2010 and IRS Federal Income Tax Extension copy with W2 to NVC as well along with the letter why I didn't file Federal Income Tax for year 2011. Question 2: Would this (not submitting 2011 tax return) affects getting visa for my wife because my wife interview might happen either before Oct 15 (6 months of tax extension) or after Oct 15 2012, which I don't know yet. Please advise me if I need to do any thing besides the letter I already sent with AOS doc. I would kindly appreciate it. Thanks!
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1 ANSWER

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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You must submit your tax returns for the prior year. It was incorrect for your tax advisor to tell you not to do this. You must amend and file the tax returns r your spouse could be considered to be a public charge and be denied entry into the U.S.
Answered on Aug 26th, 2012 at 8:59 PM

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