New applicant for AOS

[Jeanzel]

Hi everyone, this page was recommended by a friend. I'm glad to be a part of it. I've already learnt so much. So I have a dilemma and I'm hoping to get a bit of clarity or some answers.

My husband is a US citizen (born and raised). He left the US after college because he got a job overseas. Hasn't been back since. He is currently working in South Africa but we decided myself and our son will relocate to the US.

FACTS
He has a student loan which he is yet to pay
Hasn't filled taxes since he left in 2007
He pays local income tax in which ever country he works in ( Nigeria, Ghana , South Africa )
We have been married for almost 5 years
We have an almost 3 year old son who is a US citizen
He has a credit card from the US that he uses.


My question is can he file for me an I-485 and I-30 even though he doesn't currently live in the US. He is available to come for the interview or whatever if need be.The plan is for me and DS to rent an apartment and hubby will shuttle between South Africa and the US.

If he can, what are the steps and procedures to follow to guarantee me getting my green card?

I hope my question is clear and straight forward and waiting patiently for responses.

Cheers.

[newacct]

First of all, if you are applying from abroad, you will go through Consular Processing, not AOS. He doesn't necessarily have to be in the US now, but his domicile must be the US, and he needs to plan to move back to the US before or at the same time as you.

As a US citizen, he is subject to US taxes on his worldwide income no matter where he lives. He was required to file US tax returns for all years that he made more than a certain minimal level of income. If he was working abroad, he likely was making above the level, and he has been failing to file taxes. He needs to get this fixed ASAP, no matter if you immigrate to the US or not.

[Jeanzel]

[QUOTE=newacct;527568]First of all, if you are applying from abroad, you will go through Consular Processing, not AOS. He doesn't necessarily have to be in the US now, but his domicile must be the US, and he needs to plan to move back to the US before or at the same time as you.

As a US citizen, he is subject to US taxes on his worldwide income no matter where he lives. He was required to file US tax returns for all years that he made more than a certain minimal level of income. If he was working abroad, he likely was making above the level, and he has been failing to file taxes. He needs to get this fixed ASAP, no matter if you immigrate to the US or not.[/QUOTE



No we won't be applying abroad, I intend to come on my B1/B2 visa and apply from the US

Is there is way to go about the tax issue? What should he do? Go to the IRS and file?

Thanks

[Dlucan]

[QUOTE=Jeanzel;527574]

First of all, if you are applying from abroad, you will go through Consular Processing, not AOS. He doesn't necessarily have to be in the US now, but his domicile must be the US, and he needs to plan to move back to the US before or at the same time as you.

As a US citizen, he is subject to US taxes on his worldwide income no matter where he lives. He was required to file US tax returns for all years that he made more than a certain minimal level of income. If he was working abroad, he likely was making above the level, and he has been failing to file taxes. He needs to get this fixed ASAP, no matter if you immigrate to the US or not.[/QUOTE



No we won't be applying abroad, I intend to come on my B1/B2 visa and apply from the US

Is there is way to go about the tax issue? What should he do? Go to the IRS and file?

Thanks

Double check to see if the countries he has worked in has a tax treaty with the U.S. When my proces is completed, I don't plan on giving up my birth country citizenship, but it has a tax treaty with the U.S. which means, that i won't have to pay taxes in both countries. He may be fine. Check with the IRS or an accountant that specidifclly deals with out of coh try tax code.