Timing of taxes (and other things) with AOS

[JF&JC 0]

So, my fiance has been granted a K1 visa and I'm looking ahead to AOS. Obviously, we want to file ASAP after our wedding so he can begin working. However, I anticipate a couple of issues because of the timing of our wedding, which will be on January 2nd, 2016.

First of all, the I-864 instructions state that my "Federal individual income tax return for the most recent tax year" is required. I interpret this to mean that we will need my 2015 tax return for the application. Can anyone confirm whether this is correct? If so, then we won't be able to do AOS until I file for 2015, which would be a hassle since my employer doesn't usually issue W2s until the end of the month.

Secondly, what is the necessary timing in this case to submit notice of my name change to both employer and the SSA? I know that it can be an issue if the name on my tax return doesn't match the SSA, but if my employer issues my W2 under the old name and the SSA doesn't know yet, does it hurt anything to file my taxes under the old name and notify them both later? I figure that could save some unnecessary headaches and possible delays. (Although in that case maybe I couldn't file as married? Argh so confusing!)

On the other hand, if I'm supposed to instead send the previous year's tax return (2014) with the AOS application, then I have another problem. Because I only began my current job in August 2014, my return only shows a few months' worth of salary, which adds up to less than the 125% needed (although my full yearly earning is above that level). Before that I was a student, so previous returns are no help. Will the partial-year tax return be sufficient to establish that I meet the requirement, when coupled with pay stubs and the employer letter? (I could get a joint sponsor if necessary, but I'd like to avoid that if at all possible.)

Any advice is appreciated, and I would be especially interested to hear from anyone who has dealt with a similar time crunch due to a January wedding!

[Nich-Nick 3,354]

For the purpose of Form I-864--

Until the tax filing deadline of April 15, 2016, the most recent tax return is year 2014. It is only if your form is signed/submitted after April 15 that you must include 2015. Of course if you finish your taxes early in February, you can include 2015 as your most recent, but USCIS does not require you to finish taxes early.

Because your 2014 tax return does not reflect a full twelve months of working, you could submit an employer letter stating your yearly salary and six months of your most recent pay stubs. The requirement is not that the tax return MUST show enough income. The requirement is to submit the most recent tax return. If said tax return does not reflect your current income, then you submit additional evidence to support your current income.

Name change of the petitioner--

Your name as reflected on your tax return is not a huge issue to USCIS. They know you were recently married. That's the nature of all AOS from a k1 visa.

The IRS uses your SSN to keep things straight, so a tax return under a new name would not be the end of the world. The proper way is (before filing taxes) notify Social Security of your name change using Form SS-5 so the IRS finds your name and SSN as a match. Then they wouldn't contact you or delay processing a refund by a few weeks.

If you want to file 2015 taxes under your old name, that is fine too. You were still single for all of 2015, so using your unmarried name makes sense too. Your SSN will be the key, no matter what names you go through in your lifetime.

(You know if you married just two days earlier, in tax year 2015, you could file a joint return with your new spouse and get a tax break because of having the extra exemption and standard deduction.)

Edited August 26, 2015 by Nich-Nick

[JF&JC 0]

Thanks for the thorough response, Nich-Nick!