AOS

[lilly1986 5]

For AOS we need the 3 last taxtranscripts, right? (2010, 2009, 2008). Aaron (USC) did not file taxes in 2008. Is that gonna be a problem? or should we wait with AOS until he filed taxes in 2012 so that we can add 2011,2010,2009?

[Mola 1]

For AOS we need the 3 last taxtranscripts, right? (2010, 2009, 2008). Aaron (USC) did not file taxes in 2008. Is that gonna be a problem? or should we wait with AOS until he filed taxes in 2012 so that we can add 2011,2010,2009?

When we filed for AOS (GC for 2 years from K1 and K2 visa)back in October 2010, I sent tax transcripts of 2009 and 2008, was approved without any RFE in 2.5 months.

[Barbara J 115]

For AOS we need the 3 last taxtranscripts, right? (2010, 2009, 2008). Aaron (USC) did not file taxes in 2008. Is that gonna be a problem? or should we wait with AOS until he filed taxes in 2012 so that we can add 2011,2010,2009?

We only sent in most recent year 2010 and were approved. It says most recent or an option of sending 3 you don't have to send in 3 just last year will do.

[Alan_G 13]

When we filed for AOS (GC for 2 years from F1-student to conditional resident visa)back in November 2010, I sent tax transcripts of 2009 and 2008, and a document explaining why my wife (USC) didn't file taxes back in 2007.

[bigdog 376]

Send most recent year if that is all they need. I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year.

[lilly1986 5]

ohhhhhh thank you guys!! i am so relieved now! there is a lot of misleading information here on VJ!!! thanks a lot!!!!

[Gary and Alla 3,694]

For AOS we need the 3 last taxtranscripts, right? (2010, 2009, 2008). Aaron (USC) did not file taxes in 2008. Is that gonna be a problem? or should we wait with AOS until he filed taxes in 2012 so that we can add 2011,2010,2009?

No.

First, you do not need transcripts. You can use a copy of the 1040 with all attachments and the w-2s or 1099s. If you have transcripts that is fine.

Second, you need to attach only ONE year tax return or transcript and STATE the amount of gross income for the other two years.

As for 2008, if he had a valid reason to not file, then you are OK. STATE the reason in an attachment and cite the specific IRS code that exempts him. If he did not file "just because" then you have an option to wait until after you file 2011 taxes OR go ahead and file the 2008 taxes NOW (google "1040-2008" for the forms) and if there is no tax owed there is no penalty for filing late. There is no specific deadline for filing AOS but it does delay your green card, ability to work and possibly other benefits

USCIS has the option to request copies of three years transcripts OR copies of tax returns but usually does not, they did not for us. I sent only one year

If I were you...

File the AOS TODAY with ONE year's (2010) tax return and/or transcript AND an explanation of why he did not file in 2008

OR

File TODAY with one year's tax return or transcript and get going on the 2008 return just in case they would request it.

[lilly1986 5]

No.

First, you do not need transcripts. You can use a copy of the 1040 with all attachments and the w-2s or 1099s. If you have transcripts that is fine.

Second, you need to attach only ONE year tax return or transcript and STATE the amount of gross income for the other two years.

As for 2008, if he had a valid reason to not file, then you are OK. STATE the reason in an attachment and cite the specific IRS code that exempts him. If he did not file "just because" then you have an option to wait until after you file 2011 taxes OR go ahead and file the 2008 taxes NOW (google "1040-2008" for the forms) and if there is no tax owed there is no penalty for filing late. There is no specific deadline for filing AOS but it does delay your green card, ability to work and possibly other benefits

USCIS has the option to request copies of three years transcripts OR copies of tax returns but usually does not, they did not for us. I sent only one year

If I were you...

File the AOS TODAY with ONE year's (2010) tax return and/or transcript AND an explanation of why he did not file in 2008

OR

File TODAY with one year's tax return or transcript and get going on the 2008 return just in case they would request it.