Taxes or Marriage- which comes first in 2014?

[y3ll0w 0]

Hey VJers, I have a question for you all....

First, let me give some background info so this makes sense. My fiance JUST got his K-1 visa today. We're SO excited about him coming here and we don't want to wait much longer to book his ticket. But, we only have 90 days to get married and I'm not sure if I should file my 2013 taxes before getting married and applying for his adjustment of status... here's why that question is even on my plate right now.

In 2012, I made just a few hundred dollars short of the 125% poverty line for a 2 person family (I have no dependents). That was not a problem when I was filling out the I-134 because I CURRENTLY make above the 125% poverty line for a 2 person family AND because for Haiti, you only had to meet the 100% poverty line for a K-1 visa. So, I got by and didn't need a cosponsor. When we get married and file for his adjustment of status, I'll either need to find a co-sponsor and use my 2012 taxes (can't do that- don't know any one that would co-sponsor us) or just use my 2013 taxes as I'll meet the income requirements.

Is it possible to get married, file my taxes a few days later, and then apply for his adjustment of status?

OR

Do I need to file my taxes, get married, and then apply for his adjustment of status?

The answer to this will greatly impact his arrival date.

I would hate to get married February 1, fill out my taxes (1040) on February 7, fill out the adjustment of status paperwork with my fiance and it be denied or get an RFE because we got married before I filed my 2013 taxes. Should that even be a worry?

Thanks!!!!

[belinda63 3,047]

You have 90 days after his entry to marry. PERIOD. STOP.

You can file for AOS anytime after the marriage. You won't need your completed tax return until you file for AOS.

[JRF 117]

Whether you file your 2012 taxes before or after marriage should be irrelevant. Note that what you are filing is calendar year 2012 - 2013 taxes will not be filed until 2014, long after you have gotten married.

[KayDeeCee 4,896]

You must marry within 90 days of entry with a K-1 and then you can file for AOS as soon as you get your marriage certificate from the court. Why would it matter if you married before or after filing your taxes? I am not sure I understand why you think you would get an RFE for getting married before filing your taxes. Your current annual income is what is used on the I-864 so if you are not self-employed then the total income amount on your taxes may not be the same as your current income. If you will make exactly what you made in 2013, then you can simply use the same number as from your taxes. Otherwise, your annualized current income is used and a letter from employer and/or most recent pay stub(s) prove that current income amount.

~ Moved from K-1 Process to AOS from Family Based Visas- topic is not about K-1 but filing AOS ~

[VanessaTony 3,567]

Filing your taxes has NO impact on marriage or AOS.

Your "current income" is all that matters for the I-864 and the 2013 return isn't due until April 15, 2014 (or the next business day if on a weekend) so there's a LOT of time between now and then. You would file AOS with your 2012 return and show proof of your CURRENT income with pay stubs etc (and writing that current income on the I-864).

[DebWa 26]

As others have already said it is your current income that counts. When we sent in the paperwork for AOS, I had not made anywhere near the poverty line the previous 3 years since I was in college. Right before we sent in our paperwork I got a new job but had not actually started working yet, so HR wrote a letter for me stating when I would start working and what my pay would be. We were able to AOS without RFE so in your case it shouldn't be an issue at all as long as you can prove that you are currently making enough money to meet the requirements.

[Greg n Veronica 17]

My K1 and K2 are still in the process of their AOS so the K2 doesn't have a SSN yet. He is 18 y/o and I am trying to figure out how to claim him on my tax return next year. Anyone gone thru that already?

[belinda63 3,047]

You were married in 2013? Then obtain a taxpayer ID number for him or wait for his EAD to arrive so he can obtain a social security number. You have until April 15th to file taxes so plenty of time to get the EAD and SSN.