Canadian TN holder marry US Citizen

I have some questions that Canadian marries with US Citizen. Let me state my status and hope you can help me to find out what to do.
1] I am Canadian citizen.
2] I’m not K-1 or K-2. My status is TN visa. I got twice TN visa and 2009 is my 3rd year.
3] I’ll marry US Citizen at 9/16. I want to apply PR. My questions are:
a. I-485: there is one requirement that I need to get police clearance. So, I think I should get Canada ’s police clearance, right? Now, I live in New Jersey . It is hard for me to fly down Vancouver to get police clearance. Do you happen to know any place I can go to apply this? Any Canada ’s police official website?
b. I-864: this is sponsor form has to be filled out by my husband. The instruction says he has to submit THREE years of tax return. However, he only has 2007. Before that we were in Taiwan , oversea. What could we do? Only provide one year 2007 and currently his pay stub if help or I can enclose mine. I have 2006+2007 tax return. Or mine doesn’t count, there is not helping our case. Can you tell me what else way could help us to prove to USCIS that I have no attempt to get welfare from US government.

I found one issue in different forum about Canadian TN holder to marry American. It says we can not work till we get EAD. So which means even I have legal TN visa till 7/15/2009, once I fill out the application I can not work. I have to wait to get EAD and work again. Is this true? How long will take I send documents out and get EAD? This is really panic. I have to work. My problem is I have to keep working to pay my expense.

Those are so far issues I face now, please help! I will very very appreciate your help.

BR,
Karie Liu

check out http://www.visajourney.com for info on adjusting status from TN visa, there are a few other couples there who are in the process currently or have completed it already and can advise you on what you need to do.

check out http://www.visajourney.com for info on adjusting status from TN visa, there are a few other couples there who are in the process currently or have completed it already and can advise you on what you need to do.

Also the original poster's hubby needs to see a good tax accountant yesterday. US citizens and permanent residents are required by law to file US tax returns each and every year, regardless of where they live in the world, although tax treaties often wind up resulting in the person being excused from paying taxes. I don't know whether he'll end up paying taxes but he needs to get things squared away with the IRS very soon. He will need to follow the accountant's advice as to how many years of back tax returns he needs to file. It might be more than three years.

No, you don't have to quit the TN job if it is unexpired when you file I-485, but you cannot file any more TN's after getting married. You may not be allowed to file I-485 until hubby gets his taxes straightened out so that should be a top priority.

The instruction says he has to submit THREE years of tax return.

Which he should have if he was a US citizen during those years, because US citizens have to file regardless of where they live. He needs to get hold of the IRS non-resident dept. and explain the situation, he will have to file for those years and any other years he missed.

There's no real way around that one, I can't see a way he could suddenly have become a US citizen and not have filed returns. It would require an Act of Congress. Even if he wasn't a US citizen he would have had to have been an LPR prior to being able to get citizenship and thus would have been filing returns.

News to me you need three years worth of returns, I thought it was only the most recent one. http://www.uscis.gov/files/form/I-864.pdf on page 8 it says most recent tax return. Or is it different for marriage-based applicants, I forget.

My understanding was that you don't need a police clearance if you're filing I-485 and you're already in the US. Because obviously they can check themselves. If you use consular processing (which wouldn't be I-485) then you need it from everywhere you have ever lived for more than 12 months since you turned 16.

For marriage based sponsorship they like to see the past 3 years of tax returns, to prove steady income.

Actually he filed tax before 1999, then, we went back to Taiwan (oversea). He came back on 2005 Dec. He started to work again on 2007. I wonder in this case if he needs to file 2007/1998/1997 tax return. What do you think? So, ten years ago tax return is going to prove he is able to support me?

For police clearence, I called USCIS, they told me I need it. Someone applied green card from H-1 status told me he didn't file police clearence. You're saying I don't need it. I really don't know if I need to call USCIS again about this issue.
BTW, any chance, do you know how much is going to be if I hire a lawyer to do my case? I heard marring US Citizen and transfer status is the easiest kind of immigation comparing to others. But, I still have some questions I don't know where I can ask. I went to several forum and all he says she says. I really worry about my situation!
Your opinion and suggestion are really appreciated!
BR,

Karie Liu

IMO, a lawyer isn't going to do anything but take your money. YOU still have to fill in all the paperwork and do all the legwork, all a lawyer is going to do is mail it to USCIS. And probably to the wrong office at that! Cost would vary depending on who you hire really, every lawyer charges differently.

Yes, he will most definitely need to file his back taxes. Every US citizen is required by law to file taxes Every Year, regardless of where they are living in the world.

You are required by the instructions on the USCIS forms to submitt police clearances from any country you have lived in since age 16 for more than 6 months.

Actually he filed tax before 1999, then, we went back to Taiwan (oversea). He came back on 2005 Dec. He started to work again on 2007. I wonder in this case if he needs to file 2007/1998/1997 tax return. What do you think? So, ten years ago tax return is going to prove he is able to support me?

No, he needs to make sure he's filed for 2007, 2006 and 2005. The IRS might want him to go further back, but for immigration purposes he must have filed those three years (and paid any outstanding balance he owes to the IRS).

US citizens MUST file every year, regardless of where they live. It says that in the instructions for the I-485, also.

For police clearence, I called USCIS, they told me I need it. Someone applied green card from H-1 status told me he didn't file police clearence. You're saying I don't need it. I really don't know if I need to call USCIS again about this issue.

Well, the instructions clearly say if you applying inside the US you don't need it. Perhaps they have a different policy now.

BTW, any chance, do you know how much is going to be if I hire a lawyer to do my case? I heard marring US Citizen and transfer status is the easiest kind of immigation comparing to others. But, I still have some questions I don't know where I can ask. I went to several forum and all he says she says. I really worry about my situation!
Your opinion and suggestion are really appreciated!
BR,

www.visajourney.com

No, he needs to make sure he's filed for 2007, 2006 and 2005. The IRS might want him to go further back, but for immigration purposes he must have filed those three years (and paid any outstanding balance he owes to the IRS).

US citizens MUST file every year, regardless of where they live. It says that in the instructions for the I-485, also.
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Steve,
I wonder if he was not employed how can he submit to IRS without an W-2 form?
However, in this case maybe I should ask his sister to do sponsor, right?

For police clearence, you said "the instructions clearly say if you applying inside the US you don't need it." Can you refer me the page? I want to read it myself, not because I don't trust you. I do appreciated your help. Just I asked Canada's police department about applying this and they even asked me to get fingerprint from my local police station. Is that strange? I ask this to prove USCIS that I am clear but Canada's police asked me to get fingerprint. I think this doesn't make sense at all. Maybe I really don't have to get Canada's police clearence to apply/adjust my status. Do i make sense to you?
Sorry to bother you again! Just you know there is no confirmed answer and I am afraid I will be rejected by USCIS if I don't provide correctly.
BR,
Karie

I wonder if he was not employed how can he submit to IRS without an W-2 form?

The W-2 is irrelevant, US citizens must declare all their worldwide income from all sources on a 1040 every year. If it's in foreign currency you have to use the exchange rate on the day the income came in. W-2 just helps you with US-source employment income because it saves you working it out yourself.

However, in this case maybe I should ask his sister to do sponsor, right?

It has to be your sister, not his sister, and it's a bad idea even if she was as those types of I-130 take about 8.5 years before the visa number comes up.

There really is no way around him filing for the years that he missed. He HAS to file. Forget about the immigration issue, he'll get audited and fined if he doesn't. Other than the late filing fee and the interest on it, I doubt he owes any tax unless Taiwan has lower tax rates than the US. He just needs to claim a foreign tax credit.

For police clearence, you said "the instructions clearly say if you applying inside the US you don't need it." Can you refer me the page? I want to read it myself, not because I don't trust you.

http://www.uscis.gov/files/form/i-485instr.pdf

Page 3, unless you fall into one of the "special classes" which you don't, I'm pretty sure. I'm not even sure what a "special class" would be. Someone who had to get a waiver to get into the US maybe? AOS from an S entry?

God knows, I wouldn't worry about it.