Filed an I-130 yesterday. Advice on AOS please

[Tradewind 6]

Thanks all for your responses. Yes I am a USC. I already filed the I-130, I should have waited, but as long as I file the I-485 before she leaves I should be ok. Not in a huge hurry so no problem there.

We get it when we get it is our philosophy. I just want to make sure that her B2 visa is not violated by not filing the I-485 in time. I will file in December for sure.

[Darnell 8,479]

but as long as I file the I-485 before she leaves I should be ok

Uhm, nope. File I-485 set whilst she's here - GREAT !

She leaves prior to green card issuance - BAD !

Why? Her departure from the USA is seen (by USCIS) as abandonment of the AOS process.

and no, I'm not kidding.

[Tradewind 6]

My next question is this: Can I file the I-485 without the I-864. The reason I would do that is that the tax return transcript will take around 18 weeks. By filing the I-485 it would keep my wife in the country for the remainder of the process. She has to leave Jan 20 if I-485 is not filed. Does the I -864 have to be filed with the I-485? Thanks

[Franciscus 32]

My next question is this: Can I file the I-485 without the I-864. The reason I would do that is that the tax return transcript will take around 18 weeks. By filing the I-485 it would keep my wife in the country for the remainder of the process. She has to leave Jan 20 if I-485 is not filed. Does the I -864 have to be filed with the I-485? Thanks

You do NOT need tax transcripts, you can file the 485 with the 864 and present the 2012 tax return PLUS every form and schedule associated to it (for some people this is just a W2, but others have 1099's, Schedule C, etc). So you can basically file tomorrow if you have all the rest ready.

[Harpa Timsah 13,258]

You can also get your tax return transcript sent to you in a day. Via email or fax or something. Plenty of posts on "how to" if you use the advanced search tool.

[ValerieA 350]

You can walk into an IRS office and get a tax transcript...or at least you could, when I did it in 2010.

[2ndMessiah 184]

Tax Transcripts can be ordered online and will drop into your mailbox in about a week.

[Darnell 8,479]

18 weeks for a tax transcript? Are you late filing or quarterly filing?

Regardless, if you filed 2012, you can get 2012 tax transcript via walk in, to a local IRS office, about 30 minutes or less inside the door.

Where did you get this '18 weeks' thing?

[Tradewind 6]

18 weeks for a tax transcript? Are you late filing or quarterly filing?

Regardless, if you filed 2012, you can get 2012 tax transcript via walk in, to a local IRS office, about 30 minutes or less inside the door.

Where did you get this '18 weeks' thing?

Nice to know. What happened is I am filing a little late and they told me it would be around 18 weeks to process my return and I added my wife to my return and her ITIN number takes 6 weeks.

Nice to know once my return it processed I can get a quick transcript. But I can always send a copy of the 2012 return filed.

[Darnell 8,479]

ah. you sent off the W-7 with the tax forms to that special address in Austin Texas.

IMO, 6 weeks is minimal, off-cycle. I did that, off-cycle, was more like 11 weeks for us, then.

---

However, a complete copy of everything filed suffices, not need tax transcript.

If you not marry in 2012, though, I am certain she not qualify to be added on to your return.

[Tradewind 6]

ah. you sent off the W-7 with the tax forms to that special address in Austin Texas.

IMO, 6 weeks is minimal, off-cycle. I did that, off-cycle, was more like 11 weeks for us, then.

---

However, a complete copy of everything filed suffices, not need tax transcript.

If you not marry in 2012, though, I am certain she not qualify to be added on to your return.

We married in 2010. We went to the IRS office and they qualified her to get a W-7. I submitted the tax return and the request for W-7 with their approval They said tax return would take up to 16 weeks to process and 6 weeks for the W-7. I made a big mistake and took only my 2010 return to process and left the 2011 and 2012 at home. That was friday late. I rushed back on Monday morning last with the 2 other returns and they said I would have to wait until I receive the W-7 for my wife.. So now I wait to file the other 2 returns. I then will file the I-485 and I-765 and I-131. Question is can I wait to file the I-864 or should I just copy the 2012 return after I file it and file the I-864 too. Yes I believe the 6 weeks will be longer up to 12 weeks. It is important that I file the I-485 before he B2 visa runs out on Jan 21, 2014.

Actually the IRS office sent it off for me to Austin. Dumb mistake on my part for not taking all 3 returns. I thought I would receive the W-7 on the spot and file the other returns shortly after by mail.

Question can I file the I-485 without the I-864 so she can stay in USA until process is complete?

[Darnell 8,479]

you can file the I-864 with the I-485, sans the tax documents, with a letter of explanation.

Expect an RFE about it.

Does that buy you time? Usually.

[Tradewind 6]

you can file the I-864 with the I-485, sans the tax documents, with a letter of explanation.

Expect an RFE about it.

Does that buy you time? Usually.

Can you file the I-485 without the I-864 which would give my wife time? I do not plan to do it that way. I plan to do it your way. What I can do also is send a copy of the 2012 return that I will be filing along with an explaination letter showing the income and wait for the RFE.

You said USUALLY.....why not always?

[Darnell 8,479]

Cause sometimes (rare) the I-485 is returned.

But don't let that bother you.

If you file the I-485 with the I-864 and as much tax info as you have (copies of filled out forms are fine)

then is ok. A RFE is perfectly acceptable 'first outcome' for this, as it buys her time.

OTOH, you could simply state (in a cover letter attached) that you'll show FULL TAX DOCS on interview day, and then have no real fear of RFE for the tax docs.

[Tradewind 6]

Cause sometimes (rare) the I-485 is returned.

But don't let that bother you.

If you file the I-485 with the I-864 and as much tax info as you have (copies of filled out forms are fine)

then is ok. A RFE is perfectly acceptable 'first outcome' for this, as it buys her time.

OTOH, you could simply state (in a cover letter attached) that you'll show FULL TAX DOCS on interview day, and then have no real fear of RFE for the tax docs.

Cool thanks for your help.. I really enjoyed the little girl singing in China little girl got talent Utube on your website profile. I sent the Utube video to my friends and told them not to worry about the language as the video speaks for itself. Brought a tear to my eye.