Help! Husband refusing to file tax return!

I

ivaiva

Registered Users (C)
Hi

I need some help please! I've been married for over 3 years. We filed for adjustment of status and had the interview in March this year. At the interview, they asked us for my 2003 tax return, my husband's (we file separately) and for my husband's back taxes statement. I had an argument with my husband and he has not yet filed his 2003 tax return. Before the deadline they had given us passed, I sent in my tax return with a letter saying we would get them my husband's tax return and back tax statment as soon as we could. Those two items are the only things left! Just my husband's 2003 tax return and his back taxes statement!

My husband is a truck driver and has gone incommunicado for the past 4 weeks so at this point, I am reduced to leaving begging messages on his voicemail. If my husband refuses to file his 2003 tax return is there anything I (or anyone) can do? My EAD expires in September. He's basically holding me hostage! Please help.
 
My sister is in a similar situation (husband cannot file tax return) and she has decided to file joint-sponsorship with mother-in-law. That's what a few friends have advised us and seems permissible by form I-864. Perhaps you can explore this - sponsorship form other US citizens, maybe in laws etc. Good luck
 
that is one option

or you can see if you can get a copy of his 2003 tax forms directly from the irs

you call your local office and ask them to fax over a "transcript" of his tax return.

they will need his ssn and birthdate

good luck
 
Thank you for your response, but as I stated before, my husband has not filed his 2003 tax return.
 
another option would be to submit your husband's 2000 tax return

and just write a letter saying he has not yet filed his 2003 tax return.

whether they will accept that or not depends on what mood the officer is in.

anyway that is something you can try if you are that despirate.

good luck
 
I received other replies from a related post I had asked about my sister's situation whose husband's income tax was not available (he did not make enough money for last 2 years) . A user by the name of Lau replied she had been in a situation where husband's sponsorship was insufficient.

I would advise you the same. I was in the same situation. My husband's income didnt get the 125% pl, and his mom filled I-864A (Contract between a sponsor and a household memeber). If they live with his mom and can show evidence of living together for the last 6 months (like lease) she can just fill I-864 A instead of being a joint sponsor and filling separately I-864.
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IN addition, I would like to point out that it is advisable to still get your husband to be primary sponsor but your can use other people (like in-laws or aother close relatives who are citizens and/or are living in the same household) to supplement his missing tax returns. You could also use your husband's 2000 - 2002 returns and have an explanation for why 2003 was not filed (like income did not meet threshold if that's the case).

Of course I am aware you have already filed the sponsorship, so you may have to re-file.

Anyway, good luck and let us know how it goes. I am also keeping my fingers crossed for my sister.
 
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