What to put for the tax questions on I-864?

[Maeve 2]

We've only got until early October (I think) to file for AOS, but I still haven't heard back from the IRS with copies of my returns. This past year I filed through Jackson Hewitt, so I still have all my stuff and have made copies. The year before that I did my own since I had no investments and had only jsut left college. (Not sure what happened to the paperwork for those ) and the year before that I was in school, stil being claimed by my parents, so I didn't need to file at all.

I hate to estimate for these lines, but I don't really know what numbers to put in the form

We're running out of time to file, but I don't want to get in trouble or get an RFE or something...Is it ok to just estimate and then send the stuff from the IRS later once I get it or is that a bad idea?

[ELW 5]

I don't know about estimating. I think you should wait for the forms and fill in the right numbers, with the supporting tax transcripts as proof. I know the IRS is super slow in providing them but what to do. And you should NEVER send in additional paperwork after sending in the AOS application, because it will be too difficult for them to match up the paperwork with your file - which will be stored among hundreds of boxes waiting to be looked at. Additional paperwork should ONLY be sent in after receiving a RFE - because that means it will be on an adjudicator's desk and easily accessible.

You don't have any deadline to file for AOS. Getting married is the one requirement for K1 visa. You are legally in the country married to US citizen. After you file for AOS the status will be "AOS pending". Of course it is best to file as soon as possible but what to do. The 90-day deadline (after arriving in USA) is only for getting married, not for filing for AOS.

Others may have better suggestions. For instance you could just fill in the numbers for this year and send in the returns you have, and for the other years put in "pending receipt of IRS Transcript". You may get an RFE but by then you will have the transcripts so can send it in immediately.

[Maeve 2]

Thanks, ELW

I thought we had until the I-94 expired to file? Ugh...this whole process is so annoying. I suppose that's a good thing, though, as I was beginning to freak out a bit that we were filing so late.

Well, I never did get those transcripts... But I did discover that you can actually call the IRS and if you provide enough information they can look up your numbers right over the phone! The lady of course wanted to know why I needed the information, and after I explained I was trying to get hubby's status adjusted, she had a rather odd twinge to her voice. But whatever - she gave me the info I needed!! Now I wish that I hadn't waited to long and jsut called in the first place!

My only concern is that I didn't file taxes three years ago, sicne I was still in college and being claimed by my parents, but I wrote that on the form, so hopefully *knock on wood* I don't get an RFE...Perhaps I should get my parents working on getting copies of their return for that year...just in case!

[richo 0]

Thanks, ELW

I thought we had until the I-94 expired to file? Ugh...this whole process is so annoying. I suppose that's a good thing, though, as I was beginning to freak out a bit that we were filing so late.

Well, I never did get those transcripts... But I did discover that you can actually call the IRS and if you provide enough information they can look up your numbers right over the phone! The lady of course wanted to know why I needed the information, and after I explained I was trying to get hubby's status adjusted, she had a rather odd twinge to her voice. But whatever - she gave me the info I needed!! Now I wish that I hadn't waited to long and jsut called in the first place!

My only concern is that I didn't file taxes three years ago, sicne I was still in college and being claimed by my parents, but I wrote that on the form, so hopefully *knock on wood* I don't get an RFE...Perhaps I should get my parents working on getting copies of their return for that year...just in case!

As what you said you have provided a written explanation on why you didnt file taxed for three years..so lets hope that it will work out good..