I-485 Tax Return

[DaniG 3]

We wanted to file our petition, along with I-485, right after our wedding on the 14th this month. However, it turns out my fiancé's employer would not give him a document (Schedule K-1) that is needed for the preparation of his tax return until the end of February, possibly even later...

I know that a tax return from the latest tax year must be filed together with I-485. So I am wondering if we absolutely need to submit the 2009 return when we send out petition the 16th of February or if the 2008 return would be fine (together with pay stubs from 2009). On one hand, I don't want to slow down the petition but on the other, I realize that if I don't send everything that is needed, they will probably ask for additional evidence and that would slow things too.

So, should we wait for the schedule and send them the 2009 return or can we go ahead and just give them the 2008 one, since it is still the beginning of the year and most people are not ready with their returns yet?

[aleful 1,905]

the tax returns are for the i864, not the i485, if you are going to adjust in country, there are several forms that you have to send along with the i485, one is the i864. the copies of the taxes go with this form.

[DaniG 3]

Yeah, I got the form number wrong above. But I am still wondering about the year of the tax return I will attach to it!

[VanessaTony 3,567]

We wanted to file our petition, along with I-485, right after our wedding on the 14th this month. However, it turns out my fiancé's employer would not give him a document (Schedule K-1) that is needed for the preparation of his tax return until the end of February, possibly even later...

I know that a tax return from the latest tax year must be filed together with I-485. So I am wondering if we absolutely need to submit the 2009 return when we send out petition the 16th of February or if the 2008 return would be fine (together with pay stubs from 2009). On one hand, I don't want to slow down the petition but on the other, I realize that if I don't send everything that is needed, they will probably ask for additional evidence and that would slow things too.

So, should we wait for the schedule and send them the 2009 return or can we go ahead and just give them the 2008 one, since it is still the beginning of the year and most people are not ready with their returns yet?

i understand you mean the affidavit of support (I-864) which is required with the I-485 (AOS).

After April 15 2010 the 2009 tax return will be required. If you file your AOS before that date, then 2008 (and 07 and 06) back will be fine.

In my opinion obtaining tax transcripts is the best way to go. Please read the AOS thread in my signature for detailed info on the AOS process

[baron555 934]

Yeah, I got the form number wrong above. But I am still wondering about the year of the tax return I will attach to it!

I sent in 2008s since I haven't done 2009's yet. We have until April 15 to do that and USCIS can not force you to do it any sooner than the IRS would want.

[payxibka 10,045]

I sent in 2008s since I haven't done 2009's yet. We have until April 15 to do that and USCIS can not force you to do it any sooner than the IRS would want.

Sure they can, but a petition filed now has only a marginal chance of review before April 15th, but more commonly, I have seen people RFE'd after April 15th for submissions occurring before April 15th...

Edited February 9, 2010 by payxibka