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I-751 and Tax Return address

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by mtech, Jan 30, 2013.

  1. mtech

    mtech New Member

    I'm about to file I-751 jointly with my wife (she sponsors me). One of the evidence of bona fide marriage I was going to send is our 2012 tax return transcripts. We file our taxes as 'Married filing separately'. Upon receiving the transcripts from the IRS I noticed that my wife's return had a different address than mine. The accountant who prepares her taxes used an old address on file and not our current residence. We've never lived together in that old address.
    Now I am concerned that the address mismatch would be basis for arguing that we do not live together. I'm considering two options:
    1) do not send the transcripts as evidence and depend solely on the rest of the evidence I gathered. In this scenario the lack of tax transcripts as evidence would not really matter.
    2) send the transcripts anyway. In this scenario the address mismatch is considered irrelevant and won't cause any problems.

    I'm at a loss about which way to go. Any advice would be greatly appreciated.

    FYI, the rest of the evidence consists of:
    - jont check account statements
    - a letter from the bank saying we've kept our joint account in good standing since 2010
    - an affidavit from a common friend and another one from 2 family members
    - A letter from the health insurance company declaring we have joint insurance since October/2010
    - Lease agreement we both signed for our residence since October/2011
    - Christmas cards addressed to both of us
    - various pictures with family, friends and just the two of us.

  2. Nancy Mervin

    Nancy Mervin Registered Users (C)

    Follow step 2.May be in case of REF you could take along a affidavit from accountant about old address along with tax transcripts.Should not be a problem i guess.
  3. ananga73

    ananga73 Registered Users (C)

    Gentleman don't get me wrong but it does look fishy. First of all the filing separately raises a mild red flag, but then filing separately PLUS different addresses raises a DEEP CRIMSON flag. Of course the petition is evaluated in its totality so you have other things to prove bona fides.

    Personally I would have said do not submit the taxes however you almost inevitably will get an RFE if you do not so go ahead and submit joint taxes. They typically put a heavy premium on it not only because filing together proves commingling of finances but also because as a permanent resident filing taxes is a requirement and shows you are assimilating the essence of being American and are law abiding.

    My question is what about your 2011 tax returns? What addresses does it show? If both show the same address, how come the 2012 which are the most recent suddenly are showing different addresses? You get what I am driving at? If there is an address error and you're saying the 2012 preparer used an old address for your wife, you would NORMALLY expect the 2011 taxes to also have the old address because it is HIGHLY UNLIKELY the 2012 has an OLD address but 2011 has the current address.:confused:

    If I were the reviewer and that was the case, I would go over your application with a very fine toothed comb. Having joint checking accounts will not carry much weight if the amounts going into it are not substantial. Affidavits from friends and family are weak evidence. That letter from the bank about keeping the accounts in good standing is not as good as submitting statements for EVERY month or EVERY other month since your green card was approved. Pictures with just the two of you can easily be staged pictures and overall pictures are not considered premium evidence.

    To me, your evidence appears okay, not OVERWHELMING. It can get the job done however it is not evidence which will essentially compel even the most suspicious reviewer to approve the petition.

    Just my $0.02.



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