Do you think we can file 2008 income tax before our interview date?

[jhunjhun 7]

Hello guys, when we filed my AOS application, my wife's income for 2006 and 2007 were not sufficient to meet the poverty line. However, when we filed our application, we wrote her estimated annual income for 2008 in form I-845, affidavit of support. We included everything to prove that her 2008 income will be sufficed. We just got our interview letter dated on Feb 11, 2009 to appear for our initial interview. Do you think USCIS will send us an RFE regarding this even we got our interview letter already? I was also wondering if we can file our 2008 income tax return before our interview date so that just incase the interviewer will ask for the affidavit of support, atleast we have something in hand to provide? Do you think we can make it? Is it possible that we can request for early W-2s from her employers instead of waiting until the end of January? I'm already working on our 2008 tax return and the only lacking of documents are the W-2s from my wife's employers. I did our 2008 taxes and ready to file. You may wonder how I did this without having an actual W-2s at hand. Anyways, I added all my wife's income based on her last pay stubs...whatever income she has made for the whole year will show up in her last pay stub. What if, snce I'm done working on our 2008 income tax return and we can't make it until our interview date...is there a chance the interviewer will consider if we'll show my wife' W-2s for 2008 and paper income tax return without filing an actual return to IRS? Any inputs will be appreciated.

[Dakine 26]

Hello guys, when we filed my AOS application, my wife's income for 2006 and 2007 were not sufficient to meet the poverty line. However, when we filed our application, we wrote her estimated annual income for 2008 in form I-845, affidavit of support. We included everything to prove that her 2008 income will be sufficed. We just got our interview letter dated on Feb 11, 2009 to appear for our initial interview. Do you think USCIS will send us an RFE regarding this even we got our interview letter already? I was also wondering if we can file our 2008 income tax return before our interview date so that just incase the interviewer will ask for the affidavit of support, atleast we have something in hand to provide? Do you think we can make it? Is it possible that we can request for early W-2s from her employers instead of waiting until the end of January? I'm already working on our 2008 tax return and the only lacking of documents are the W-2s from my wife's employers. I did our 2008 taxes and ready to file. You may wonder how I did this without having an actual W-2s at hand. Anyways, I added all my wife's income based on her last pay stubs...whatever income she has made for the whole year will show up in her last pay stub. What if, snce I'm done working on our 2008 income tax return and we can't make it until our interview date...is there a chance the interviewer will consider if we'll show my wife' W-2s for 2008 and paper income tax return without filing an actual return to IRS? Any inputs will be appreciated.

USCIS doesn't x check with IRS. They won't know if you mailed it or not. If you can mail it before your interview all the better. If not take it all with you. That will work fine also.

[Mint518 0]

Hello guys, when we filed my AOS application, my wife's income for 2006 and 2007 were not sufficient to meet the poverty line. However, when we filed our application, we wrote her estimated annual income for 2008 in form I-845, affidavit of support. We included everything to prove that her 2008 income will be sufficed. We just got our interview letter dated on Feb 11, 2009 to appear for our initial interview. Do you think USCIS will send us an RFE regarding this even we got our interview letter already? I was also wondering if we can file our 2008 income tax return before our interview date so that just incase the interviewer will ask for the affidavit of support, atleast we have something in hand to provide? Do you think we can make it? Is it possible that we can request for early W-2s from her employers instead of waiting until the end of January? I'm already working on our 2008 tax return and the only lacking of documents are the W-2s from my wife's employers. I did our 2008 taxes and ready to file. You may wonder how I did this without having an actual W-2s at hand. Anyways, I added all my wife's income based on her last pay stubs...whatever income she has made for the whole year will show up in her last pay stub. What if, snce I'm done working on our 2008 income tax return and we can't make it until our interview date...is there a chance the interviewer will consider if we'll show my wife' W-2s for 2008 and paper income tax return without filing an actual return to IRS? Any inputs will be appreciated.

USCIS doesn't x check with IRS. They won't know if you mailed it or not. If you can mail it before your interview all the better. If not take it all with you. That will work fine also.

Since filing of tax return will not be due until April 15, I doubt you will receive REF for your 2008 tax return (but I may be wrong). In any event, I think bringing the copy of 2008 tax return and supporting documents (W-2s and 1099, etc) would help. Since IRS requires employers to get workers their W-2 by the end of each January (it may take a few more days if W-2 is sent by mail), I think it is possible to file the return by February 11. So, if I were you, I will make every efforts to file the tax return by the interview date, and file it via USPS with delivery conformation and return receipt (you might not receive by interview date though), so that you can show you actually filed the return, if requested.

Also, I think you should definitely bring paystubs for last 3 months or so as they will prove the aggregate 2008 income as well as her employment as of the interview date.

[geezer 1]

They will be interested in your current income. Your 2008 tax return is the best proof of that at this time. You can e-File as soon as you receive your W-2's so you should have it in time for the interview. Just make a copy of the e-Filed return

Edited January 3, 2009 by geezer

[jhunjhun 7]

They will be interested in your current income. Your 2008 tax return is the best proof of that at this time. You can e-File as soon as you receive your W-2's so you should have it in time for the interview. Just make a copy of the e-Filed return

The problem is...I don't have a SSN card yet...i'm hoping that my EAD will approved soon so that I can apply for SSN right away.

[geezer 1]

The problem is...I don't have a SSN card yet...i'm hoping that my EAD will approved soon so that I can apply for SSN right away.

In that case file your taxes with an ITIN (Individual Taxpayer Inentification Number). You file a W-7 with the return to request it. Then make a copy of the return and take it to the interview. You will probably want to file an amended return after you get your SSN.

Edited January 3, 2009 by geezer

[mimimimimi 0]

My husband and I had the same problem. He was a student in 2007 and 2006 and had no tax returns. He's been working from July, after his graduation.

The lawyer who filed my AOS recommended we get a joint sponsor so we would get no RFEs. He also recommended to do his tax returns for 2008 as soon as possible so we could take it to our interview, which I thought was funny since I already got a joint sponsor.

[jhunjhun 7]

My husband and I had the same problem. He was a student in 2007 and 2006 and had no tax returns. He's been working from July, after his graduation.

The lawyer who filed my AOS recommended we get a joint sponsor so we would get no RFEs. He also recommended to do his tax returns for 2008 as soon as possible so we could take it to our interview, which I thought was funny since I already got a joint sponsor.

My wife just started to work on May 2008 and we filed our application on November 17, 2008. We took the risk fot not having a joint sponsor because God knew that there's nobody here to become our joint sponsor.....As other suggestions...we're going to file our 2008 income return and take copies to show during our interview...hope this will work!

[LorriQ 0]

According to the IRS employers are required to issue W 2's as follows:

"Furnish Copies B, C, and 2 to the employee generally by February 2, 2009.

Hope you have it in time! Good Luck!