AOS question

[aaron2020 11,651]

I thought tax returns were only required for the I-134 and I-864 if you were self-employed?

Tax returns are required from anybody submitting an AOS. Its either a complete tax return or a tax transcript.

If the petitioner is not legally obligated to file tax returns, then the I-864 requires the petitioner to submit a signed statement that he was not required to file.

[Ed and Gina 45]

Did you file for K3 or I130?

We filed for I-130 in the beginning. Because of the extraordinary delays at USCIS, I filed for an I-129F/K3 within a few days of receiving the NOA1 for the I-130. While it's unusual, we got approved to proceed with the K3 visa. My wife is trying to get an appointment at the embassy now...but, there are sooooo many others also trying to get an appointment right now and not many slots released. Those that are released are snapped up in an instant. So, we're still trying to get an appointment.

The process for the K3 and the I-130 differ a bit - different forms for Affidavit of Support, different income requirements (though, similar), we will have to file for an Adjustment of Status - you won't...very likely that you'll get a CR1 (Conditional Resident visa) when you arrive - you will also get a Social Security Number rather quickly. So, no need for an ITIN. And, as one person said, your husband can file his taxes as Married as Separate. But, when you get here, he should amend his returns to Married filing jointly - it's a much more favorable filing status - will get more money back - or, at the very least, have a larger deduction and not have to pay so much in taxes.

If you husband is self-employed, he still has to file taxes...different tax forms.

As I mentioned earlier - the NVC will tell him what they want.

He does need to get his taxes done rather quickly though.

Best of Luck!