Q: Is it ok to send only my filled jointly tax return for 2015 not for 2016 with form I-751?Or USCIS needs my husbands too?
The problem is that I filled my taxes jointly in 2015 but my husband didn't because he works under the table. And this year I filled married but separate for the same reason. Is it going to be a problem if I send only my 2015 tax return filled jointly. Or USCIS needs to see his too ? And for 2016 as well?
A: USCIS wants to see that you entered into marriage in good faith and not to circumvent immigration laws. Taxes are one piece of evidence of this. We’d recommend sending evidence of good faith marriage that doesn’t include your taxes. If USCIS asks for them specifically at some point, you can address the fact that you filed taxes separately at that time. An explanation might be needed, and it might be awkward to say that the reason you filed separately is because your husband is working under the table.
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