Adjustment of Status

[colo20 0]

Hello Everyone!

I thank everybody for their collaboration since i started my process.I am now in USA with my Fiance and we are about to get married at the end of the month and send our AOS package immediately.

Please my Fiance has been able to get just tax return for 2012 and 2013 so i want to know if we can use those two years only or we must tax return for the pass three years before we can send the package.Your help will be kindly appreciated

Thanks in advance.

[sweet cakes 326]

Hello Everyone!

I thank everybody for their collaboration since i started my process.I am now in USA with my Fiance and we are about to get married at the end of the month and send our AOS package immediately.

Please my Fiance has been able to get just tax return for 2012 and 2013 so i want to know if we can use those two years only or we must tax return for the pass three years before we can send the package.Your help will be kindly appreciated

Thanks in advance.

Your fiance can get his/her IRS transcript online here: http://www.irs.gov/Individuals/Get-Transcript

Best wishes in advance to your wedding soon!

Edit: I think it would be better to show 3 most recent years, than just 2, so you can prove a good history of your petitioner's income. The IRS online transcript is as good as the 1040 + W-2. All the best!

Edited May 9, 2014 by sweet cakes

[Pitaya 2,577]

~Moved from K1 Process to Family-based AOS Forum~

~Inquiry about AOS process~

[Hank_ 9,174]

Hello Everyone!

I thank everybody for their collaboration since i started my process.I am now in USA with my Fiance and we are about to get married at the end of the month and send our AOS package immediately.

Please my Fiance has been able to get just tax return for 2012 and 2013 so i want to know if we can use those two years only or we must tax return for the pass three years before we can send the package.Your help will be kindly appreciated

Thanks in advance.

For Adjustment of Status and the I-864 USCIS only requests the most recent tax return, not 2 two year or even 3 years. Read page 6 paragraph 7 of the instructions:

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

[nobbie 105]

I agree with Hank, I sent just one years, it says more are optional, if you have them send them i suppose, cant do any harm if they are good enough.

[KayDeeCee 4,896]

You only need to submit the most recent year's tax transcript, but you need to list the Total Income from the last 3 years on the I-864 form where it asks.

Along with the most recent tax transcript, provide proof of current income such as a letter from employer and/or most recent pay stubs.

[KayDeeCee 4,896]

Edit: I think it would be better to show 3 most recent years, than just 2, so you can prove a good history of your petitioner's income. The IRS online transcript is as good as the 1040 + W-2. All the best!

The IRS transcript can be the best choice because you need to send a complete copy of the tax return otherwise. For a lot of people, there is a lot more to their tax returns than just the 1040 and a W-2. You need all forms, schedules, attachments, W-2s and/or 1099s, everything you would have to mail to the IRS to paper file. With an IRS transcript, no worries about whether you sent a complete return or not, which is a common RFE with the I-864.

[sweet cakes 326]

The IRS transcript can be the best choice because you need to send a complete copy of the tax return otherwise. For a lot of people, there is a lot more to their tax returns than just the 1040 and a W-2. You need all forms, schedules, attachments, W-2s and/or 1099s, everything you would have to mail to the IRS to paper file. With an IRS transcript, no worries about whether you sent a complete return or not, which is a common RFE with the I-864.

I would think the schedules and other attachments are commonly known parts of a 1040. But thanks for clarifying that, Kay. I agree that the IRS transcript would also give more assurance than missing any page of a 1040, etc.

[KayDeeCee 4,896]

I would think the schedules and other attachments are commonly known parts of a 1040. But thanks for clarifying that, Kay. I agree that the IRS transcript would also give more assurance than missing any page of a 1040, etc.

It doesn't seem to be commonly known for people to send a complete tax return because there are plenty of RFEs about not providing one. Some just send the 1040 or some just the W-2. For those that do not know what all makes up a complete return, or if you have a large return with lots of pages, then an IRS transcript is the better way to go. Hopefully it will save some folks from getting an RFE and being delayed.

[myyid68 0]

Hey everybody!

I really need some help/clarification. I am currently in the USa(arrived here 2 months ago on a K1 alien fiance visa). Me and my american fiance got married already on the 26th of March, shortly after my arrival, we have the marriage certificate and all and now we are trying to get everything ready to file for Adjustment of Status.

I pretty much understood what we neeed to file, with the exception of one form, I-130. In some places, I see that they require that too while in other places (including VisaJourney), there's no mention of that..

Can someone please clarify this aspect for me and perhaps list all the documents you guys filed when applying for Adjustment of Status after coming to the US on a K1 visa?

Any help is appreciated.

Thank you in advance!

[Pitaya 2,577]

Hey everybody!

I really need some help/clarification. I am currently in the USa(arrived here 2 months ago on a K1 alien fiance visa). Me and my american fiance got married already on the 26th of March, shortly after my arrival, we have the marriage certificate and all and now we are trying to get everything ready to file for Adjustment of Status.

I pretty much understood what we neeed to file, with the exception of one form, I-130. In some places, I see that they require that too while in other places (including VisaJourney), there's no mention of that..

Can someone please clarify this aspect for me and perhaps list all the documents you guys filed when applying for Adjustment of Status after coming to the US on a K1 visa?

Any help is appreciated.

Thank you in advance!

If you came here on a K-1 visa, then you married your USC, the Form I-130, Petition for Alien Relative, does not apply. Review the USCIS description for the use of Form I-130:

http://www.uscis.gov/i-130

The VJ K1/K3 AOS Guide is correct:

http://www.visajourney.com/content/k1k3aos

Good luck on your immigration journey.

[myyid68 0]

Hey everybody!

I really need some help/clarification. I am currently in the USa(arrived here 2 months ago on a K1 alien fiance visa). Me and my american fiance got married already on the 26th of March, shortly after my arrival, we have the marriage certificate and all and now we are trying to get everything ready to file for Adjustment of Status.

I pretty much understood what we neeed to file, with the exception of one form, I-130. In some places, I see that they require that too while in other places (including VisaJourney), there's no mention of that..

Can someone please clarify this aspect for me and perhaps list all the documents you guys filed when applying for Adjustment of Status after coming to the US on a K1 visa?

Any help is appreciated.

Thank you in advance!

Thank you very much for your answer!

Also, a quick question regarding the Advance Parole (Travel Document). From your experience, is it easy/hard to be granted that document while waiting for the Green Card? Since I dont know exactly how long it'll take in my particular case to receive the Green card, I'd very much like to have a document allowing me to travel outside the US and then get back in because my husband and I would like to have our honeymoon abroad (either in Mexico or Europe-in my home country) somewhere towards the end of summer.....

What explanations/proof should I provide with the I-131 form? I mean, is it ok if I just mention the honeymoon as a good enough reason for why I want the AP or do they need a more "serious/urgent" reason to grant it?

[sweet cakes 326]

Thank you very much for your answer!

Also, a quick question regarding the Advance Parole (Travel Document). From your experience, is it easy/hard to be granted that document while waiting for the Green Card? Since I dont know exactly how long it'll take in my particular case to receive the Green card, I'd very much like to have a document allowing me to travel outside the US and then get back in because my husband and I would like to have our honeymoon abroad (either in Mexico or Europe-in my home country) somewhere towards the end of summer.....

What explanations/proof should I provide with the I-131 form? I mean, is it ok if I just mention the honeymoon as a good enough reason for why I want the AP or do they need a more "serious/urgent" reason to grant it?

AP has a processing time of about 60 to 90 days.

I-131 form and instructions here: http://www.uscis.gov/i-131

As an AOS applicant, adjusting from K-1, you don't need to provide any explanation why you're applying for AP. Check out the example forms here for your AOS forms: http://www.visajourney.com/content/examples

Also, when you have the time, . This will help those who use the forum and easier as well for people who try to help you with your concerns.

All the best!

Edit: Bear in mind that AP is used only for "Re-entry to US". Entry to other countries is still dependent on your citizenship or the passport you have.

Edited May 12, 2014 by sweet cakes

[myyid68 0]

Thank you very much. I will file out the timeline as soon as I have more time. I took a quick look through the example I-131 filed out and here's what I was talking about specifically:

"On a separate sheet of paper, explain how you qualify for an

Advance Parole Document, and what circumstances warrant

issuance of advance parole. Include copies of any documents

you wish considered. (See instructions.)"

Part 7 of the I-131 asks for this explanation so that's why I was wondering exactly what I should write there or how much...

[sweet cakes 326]

Thank you very much. I will file out the timeline as soon as I have more time. I took a quick look through the example I-131 filed out and here's what I was talking about specifically:

"On a separate sheet of paper, explain how you qualify for an

Advance Parole Document, and what circumstances warrant

issuance of advance parole. Include copies of any documents

you wish considered. (See instructions.)"

Part 7 of the I-131 asks for this explanation so that's why I was wondering exactly what I should write there or how much...

You don't need to provide any explanation for filing an AP because, as mentioned earlier, you are filing for an I-485 at the same time. The instruction is very clear on this. http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

-See page 4. So do not worry about a separate sheet explaining anything.

Skip part 3 to 7. Except for Part 3, items 1 to 3.a. All the best!

Edited May 12, 2014 by sweet cakes