I'm currently on an H1B visa and as I'm also married to an American citizen, I filled for adjustment of status about 3 months ago. I recently got a request for evidence asking for my most recent federal tax returns (I am employed and my husband currently is not, so we used my income for the I 864). This request for evidence relating to my federal tax returns made me realize that I had to file tax returns for 2007 by April 15th this year. I had overlooked filing the tax returns because:

1) The institution where I work (university) gave me the option to take advantage of a US/UK tax treaty which allows me to be exempt from federal tax for 2 years with the understanding that if I remain in the US after 2 years I have to pay back the taxes; thus, because I don't currently owe anything I didn't think I would have to file for tax returns.

2) in the UK, if you work in a regular job (not self-employed) you don't have to file for tax returns so I guess I'm not used to the process.

Anyway, I've only just now realized that I have to file for these returns even if I owe nothing currently.

My first question is this: provided I now file the tax returns, will my adjustment of status carry on as before; in other words, will I get penalized for a late tax return.

My second question is: if I found I did owe some tax now, would this affect my adjustment of status; in other words, if I found I owed something but quickly paid it, would the adjustment of status application be unaffected?
Advice on any aspects of the above would be much appreciated.

Thanks in advance.

As a beneficiary, you cannot sponsor visa for yourself. If your husband does not have sufficient income, unemployed, etc. then he has to find a joint sponsor.

About your tax issue, please consult attorney specialized in this area as it may delay your adjustment of status.

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Originally Posted by lawanwadee

As a beneficiary, you cannot sponsor visa for yourself. If your husband does not have sufficient income, unemployed, etc. , then he has to find a joint sponsor.

About your tax issue, please consult attorney specialized in this area as it may delay your adjustment of status.

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Actually the regulations changed recently and the income of the beneficiary can be used for the I864 - I checked this with several sources before I filed for adjustment of status. In addition, I suspect my adjustment of status application would have been rejected outright if there was something wrong with the I864.