Atlanta, GA asked in Immigration Law and Tax Law for Georgia

Q: I applied for citizenship based on 3 years. I received rfe for tax transcripts for me and my partner.

Unfortunately my partner has not been filing his tax, we file married but separate. My partner cannot even find his 2018/2017 w-2s for us to file now and make payment. He only just got his 2019 w-2, so that is all I have. But he has also giving me a hard time to locate his w-2s for the rfe. I have a week left to respond to the rfe. I dont know if I should respond with just the 2019 tax return or just withdraw my application.

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1 Lawyer Answer
Adan Vega
Adan Vega
  • Immigration Law Lawyer
  • Houston, TX

A: You will need to respond to the RFE and show that you have complied with your obligation of filing a federal tax return during the time that you have been a U.S. resident. If you were employed in the U.S. prior to receiving your resident status , you also must file federal tax returns for those years. Since you are filing separate but married you may not need your partner’s tax return.

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