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Hey guys please I have a question regarding the I-864 and taxes for the primary sponsor. Now my spouse was in and out of work and made very little income for 2011, 2012 and 2013. Now based on her earnings for each years per IRS standards she wasn't required to file taxes. However she still did file taxes for 2012 and 2013 to claim some tax credits (EITC & AOTC) and to get refund for the taxes withheld on her income for the times she worked, and in 2011 she received SOME unemployment insurance and was a dependent on her parents returns so she never filed at all. Considering the scenario I'm kinda wondering will she still be required to provide returns/transcripts for the I-864 based on the fact she actually filed taxes even though she wasn't required to? Or can she just write a letter to USCIS explaining her income wasn't enough to file based on IRS guidelines (even though she actually filed)?? Secondly she claimed me as a dependent on her 2012 and 2013 taxes could this be an issue with IRS and/or USCIS (Note: we actually got married this year and plan to file 2014 and subsequent years taxes as MFJ). Any inputs would be appreciated...

I-130 PROCESS

01/17/2014 (Day 0): mailed I-130 to Chicago Lockbox

01/21/2014 (Day 4): I-130 delivered signed by R. Mercado.

01/23/2014 (Day 6): email NOA (case transferred to TSC)

01/27/2014 (Day 10): NOA 1 received (PD 01/21/2014)

05/30/2014 (Day 134): I-30 APPROVED, email NOA 2

06/05/2014 (Day 140): APPROVAL LETTER RECEIVED!!!!

I-485 AOS

06/10/2014 (Day 0): mailed AOS packet to Chicago Lockbox

06/11/2014 (Day 1): I-485 delivered signed by R.Mercado

06/16/2014 (Day 5): received email NOA for all forms (I-485 transferred to NSC; I-131 & I-765 processed at NBC)

06/17/2014 (Day 6): check cashed

06/21/2014 (Day 10): received hard copy NOA1 for all forms

06/23/2014 (Day 12): received biometric appointment letter 

07/11/2014 (Day 30): BIOMETRICS COMPLETED

07/14/2014 (Day 33): requested Expedite processing I-765

07/17/2014 (Day 36): request for evidence for expedite

07/23/2014 (Day 42): faxed in documents to USCIS

07/25/2014 (Day 44): e-notification, EAD/AP APPROVED!! 

07/29/2014 (Day 48): Status change “Testing and Interview"

07/31/2014 (Day 50): online status update "EAD card mailed

08/01/2014 (Day 51): EAD/AP CARD RECEIVED

08/13/2014 (Day 63): status change interview scheduled

08/15/2014 (Day 65): interview mail (9/18/14 @11:15AM)

09/18/2014 (Day 99): INTERVIEW APPROVED ON SPOT

09/22/2014 (Day 103): I-485 approval notice received

09/24/2014 (Day 105): Status change Green card mailed

09/27/2014 (Day 108): 2YRS GREEN CARD RECEIVED!!!!

I-751 ROC

09/15/2016 (Day 0): mailed ROC with divorce waiver

09/16/2016 (Day 1): delivered VSC, signed by L. Zuckowski

09/21/2016 (Day 5): check cashed

09/24/2016 (Day 8): received EXTENSION letter in the mail

10/06/2016 (Day 20): biometrics mail received (09/30/16)

10/17/2016 (Day 31): biometrics completed

09/11/2017 (Day 361): I-751 APPROVED

09/15/2017 (Day 365): Approval notice received in the mail

09/26/2017 (Day 376): Status change card in production

09/29/2017 (Day 379): Status change card mailed on 09/28

10/02/2017 (DAY 382): 10YRS GREEN CARD DELIVERED

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Filed: Citizen (pnd) Country: Canada
Timeline

She will be required to submit at minimum the most recent transcript so that is year 2013 if you filed it before you submit the I-864.

As for the issue of you being claimed as a dependent and if it will negatively affect you...I wouldn't know.

Why did she claim you as a dependent for 2012 when you only moved in with her in 2013?

04/25/2009: First Met and not long after began a long distance relationship.

10/27/2012: Married

12/20/2013 Most recent US Entry. Two week visit intended - decided to switch from consular processing to AOS after change in circumstances.

I-130 - See my profile for detailed info

AOS

02/05/2014: I-693 Civil Surgeon Medical Exam

02/28/2014: (00) AOS sent

03/03/2014: (03) AOS received

03/05/2014: (05) NOA date

03/06/2014: (06) Cheques cashed

03/10/2014: (10) Received hardcopy of NOA's

03/17/2014: (17) Received biometrics notice (appt. date 04/07/2014)

03/18/2014: (18) Successful walk-in for biometrics Brooklyn ASC

04/10/2014: (41) AOS E-mail notification status updated to Testing and Interview

04/16/2014: (47) AOS E-mail notification Interview Appointment Notice for May 19, 2014 @ 9:30 a.m.

05/08/2014: (69) EAD card in production e-mail notification

05/14/2014: (75) EAD card mailed and tracking number e-mail notification

05/16/2014: (77) EAD card received and applied for SSN

05/19/2014: (80) AOS Interview at Federal Plaza - approval pending due to I-130 file not transferred to NYC field office from Nebraska!

06/04/2014: (96) Infopass scheduled in order to show approved I-130 notice and attempt to get I-485 approval sped up. IO wasn't at work so left copy of approved I-130 and written case review request.

06/20/2014: (112) Green card was approved.

06/26/2014: (118) Received e-mail/text notification of green card approval and that card was also mailed. Received USPS tracking number at 6:45 p.m. EST.

06/27/2014: (119) Received green card in the mailbox.

ROC

03/22/2016: (00) I-751 package sent

03/23/2016: (01) I-751 package received at CSC

03/28/2016: (07) Rcvd NOA1 that includes 1 yr GC extension

03/31/2016: (10) Rcvd Bio appt notice (appt. date 04/11/2016)

04/05/2016: (15) Early bio walk-in attempt successful

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Thanks much for your response. She claimed me because in reality she actually supported me, as of the time as I was still in college. My 2012 tuition she helped paid and in between school breaks and vacation I used to live with her until we finally moved in together fully last year. The AOTC that she filed was to claim back what she had paid/spent on my behalf in tuition fees

I-130 PROCESS

01/17/2014 (Day 0): mailed I-130 to Chicago Lockbox

01/21/2014 (Day 4): I-130 delivered signed by R. Mercado.

01/23/2014 (Day 6): email NOA (case transferred to TSC)

01/27/2014 (Day 10): NOA 1 received (PD 01/21/2014)

05/30/2014 (Day 134): I-30 APPROVED, email NOA 2

06/05/2014 (Day 140): APPROVAL LETTER RECEIVED!!!!

I-485 AOS

06/10/2014 (Day 0): mailed AOS packet to Chicago Lockbox

06/11/2014 (Day 1): I-485 delivered signed by R.Mercado

06/16/2014 (Day 5): received email NOA for all forms (I-485 transferred to NSC; I-131 & I-765 processed at NBC)

06/17/2014 (Day 6): check cashed

06/21/2014 (Day 10): received hard copy NOA1 for all forms

06/23/2014 (Day 12): received biometric appointment letter 

07/11/2014 (Day 30): BIOMETRICS COMPLETED

07/14/2014 (Day 33): requested Expedite processing I-765

07/17/2014 (Day 36): request for evidence for expedite

07/23/2014 (Day 42): faxed in documents to USCIS

07/25/2014 (Day 44): e-notification, EAD/AP APPROVED!! 

07/29/2014 (Day 48): Status change “Testing and Interview"

07/31/2014 (Day 50): online status update "EAD card mailed

08/01/2014 (Day 51): EAD/AP CARD RECEIVED

08/13/2014 (Day 63): status change interview scheduled

08/15/2014 (Day 65): interview mail (9/18/14 @11:15AM)

09/18/2014 (Day 99): INTERVIEW APPROVED ON SPOT

09/22/2014 (Day 103): I-485 approval notice received

09/24/2014 (Day 105): Status change Green card mailed

09/27/2014 (Day 108): 2YRS GREEN CARD RECEIVED!!!!

I-751 ROC

09/15/2016 (Day 0): mailed ROC with divorce waiver

09/16/2016 (Day 1): delivered VSC, signed by L. Zuckowski

09/21/2016 (Day 5): check cashed

09/24/2016 (Day 8): received EXTENSION letter in the mail

10/06/2016 (Day 20): biometrics mail received (09/30/16)

10/17/2016 (Day 31): biometrics completed

09/11/2017 (Day 361): I-751 APPROVED

09/15/2017 (Day 365): Approval notice received in the mail

09/26/2017 (Day 376): Status change card in production

09/29/2017 (Day 379): Status change card mailed on 09/28

10/02/2017 (DAY 382): 10YRS GREEN CARD DELIVERED

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Filed: AOS (apr) Country: New Zealand
Timeline

I hadn't filed taxes for the whole 7 years I was abroad....then filed the last three years, quickly, with the streamline process because I knew the USCIS would ask for them. They did....all three years original copies. I'm positive you will be required to show this.

I think its another way to get you to keep current on taxes. For support, as long as your spouse can prove you are above the poverty line with current salary, you will be fine from an "affidavit of support" point of view. In terms of the claiming you as a dependant before you were married, I would have her file an amendment, immediately...Definitely before submitting the AOS application

31/10/2013 - Filed I-130, I-131, I-765, I-485 with National Benefits Center


04/11/2013 - Notice of Action receipt


07/11/2013 - Notice of Biometrics appointment for 22/11/2013


22/11/2013 - Fingerprints taken


23/12/2013 - we received the Combo card advance parole & EAD


02/01/2014 - Notice for AOS interview for 05/02/2014


05/02/2014 - Interview date - given a "reason for continuance"


9/02/2014 - Welcome letter


10/02/2014 - Received Green card in the mail!!


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