[Alexis69]

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.

[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.

[Alexis69]

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.

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.