Tax Return Question

[VinhBao MyTam 3]

So I'm really slow and lazy on filing tax returns. I haven't filed 2009 yet and I don't see any way I can do it in the next few days.

I've just discovered that for the Affidavit of Support with the AOS, you need to have already filed the taxes for the last 3 years.

She arrived on 1/25 on a K-1 So her 90 days are up 4/23. We are already married--just not yet ready to file the form. My questions are:

* Can I have a co-sponsor to qualify without myself actually having to file the taxes for that year?

* Can I leave that spot blank and get an RFE but at least she's ok b/c we filed the form in time?

* What do they count date-wise. Like do they have to receive it by 4/23, process by 4/23, does it have to be postmarked by 4/23? If they send me the whole packet back like they did with I-129F and they don't get it back after 4/23 do we have trouble?

Any help would be much appreciated.

Thanks,

Steve

[aaron2020 11,651]

So I'm really slow and lazy on filing tax returns. I haven't filed 2009 yet and I don't see any way I can do it in the next few days.

I've just discovered that for the Affidavit of Support with the AOS, you need to have already filed the taxes for the last 3 years.

She arrived on 1/25 on a K-1 So her 90 days are up 4/23. We are already married--just not yet ready to file the form. My questions are:

* Can I have a co-sponsor to qualify without myself actually having to file the taxes for that year? No. Meeting your obligations to file tax returns is a requirement of the I-864. If you did not file, then you need to provide an explanation why you were not legally required to file.

* Can I leave that spot blank and get an RFE but at least she's ok b/c we filed the form in time? You'll get a RFE.

* What do they count date-wise. Like do they have to receive it by 4/23, process by 4/23, does it have to be postmarked by 4/23? If they send me the whole packet back like they did with I-129F and they don't get it back after 4/23 do we have trouble? USCIS use the day they receive it. USCIS never goes by the postmark.

Any help would be much appreciated.

Thanks,

Steve

[KayDeeCee 4,893]

So I'm really slow and lazy on filing tax returns. I haven't filed 2009 yet and I don't see any way I can do it in the next few days.

I've just discovered that for the Affidavit of Support with the AOS, you need to have already filed the taxes for the last 3 years.

She arrived on 1/25 on a K-1 So her 90 days are up 4/23. We are already married--just not yet ready to file the form. My questions are:

* Can I have a co-sponsor to qualify without myself actually having to file the taxes for that year?

* Can I leave that spot blank and get an RFE but at least she's ok b/c we filed the form in time?

* What do they count date-wise. Like do they have to receive it by 4/23, process by 4/23, does it have to be postmarked by 4/23? If they send me the whole packet back like they did with I-129F and they don't get it back after 4/23 do we have trouble?

Any help would be much appreciated.

Thanks,

Steve

You do not have to file her AOS paperwork before her I-94 expires. There is no deadline to file, as was discussed at length in your other thread asking about it.

If you needed to file back taxes, then file them now. You need to check a box that says you filed, unless you were not legally required to do so, in which case you would send a statement explaining why you were not legally obligated to file. If you were legally required to file, then like I said, go ahead and file them now. You need to list your total income from the last 3 years as was stated on those tax returns. You only need to include a tax transcript from the most recent tax year with your I-864.

[kcoyclay1 98]

If you earned above the poverty guidelines then you will not need a co-sponsor. You did not state if you did, so I'm just pointing that out just in case you were thinking of getting one in lieu of you filing. Best to file now before.