Question Regarding Most Recent Tax Return (2012) For AOS

[zimzim2012 2]

Hello everyone. I am almost finished with my wife's AOS packet (K-1). I just recently filed my taxes for 2012 so a transcript is not available yet.

My AGI was only $4,700 but my assets (stocks, cd, cash in savings and checking) are well into the six figures and comfortably meets the requirement for I-864.

My wife's I-94 expired on July 10 so she is currently 24 days out of status. Given the low income and sufficient assets, should I wait to get a transcript for 2012 then send the package to USCIS or should I just send the package now with a copy of what I filed through Turbo Tax? Should I attach a letter of explanation that a transcript will be provided when available? Also, I filed in 2011 but did not file in 2010 (not required gross income was under the requirement).

Also, if she is approved for advance parole will the days she overstayed (maybe it will be 30+ days) cause a problem should she leave the country?

Thanks to everyone in advance.

T&M

[KayDeeCee 4,896]

You can send a complete copy of your return with all forms, schedules, W-2s and/or 1099s; basically everything you would have had to mail to the IRS had you not e-filed. Provide proof of ownership and value for all the assets you list on the form. Also, provide a statement as to why you were not legally required to file in 2010.

Her overstay is not enough to matter for leaving the country. It is only those with 180 days or more of overstay that would trigger a ban when leaving and would not be able to re-enter with AP. She is fine to use AP if she needs to.

[zimzim2012 2]

Thanks. That's what I thought. But do you think that if I just send in a copy of the return now with no transcript they might send a RFE for a transcript or it would be more likely there would be an interview? I'm just wondering if there is any benefit to waiting for the transcript.

At the K-1 interview I don't think the CO even looked at it. I did see him looking at the letter from my stockbroker verifying my assets.

[newacct 688]

It's not what's on the tax return that matters (and it's the "total income" number that you need to fill by the way, not AGI), it's you current income that matters. If your current income is not enough, then yes, you can use your assets.

[KayDeeCee 4,896]

You can send either a complete copy of the tax return or a transcript. If you make sure to send in the complete copy with all the forms, schedules, W-2s and/or 1099s, then there should not be a reason to send you an RFE for the tax return. It will also have nothing to do with whether or not you get an interview. However, with the way the timelines are going lately, you may want to hope for an interview because those that have an interview are being approved sooner than those without one.