Jump to content
khoffmann
 Share

4 posts in this topic

Recommended Posts

khoffmann Newbie

khoffmann   0

Posted
Filed: K-1 Visa Country: Argentina
 Timeline
Posted

I just got back into the States after living abroad for 3 years and have not filed taxes yet. Should I wait to file my taxes and THEN apply for AOS for my fiance? My fiance is going to be here Oct 6th and I can be his ONLY sponsor (that is my goal), but only if I file taxes. This means we will have to wait 5+ months till I get my taxes and cannot adjust his status. Is this legal and acceptable for USCIS or will they deport/deny him?

TBoneTX Grand Master

TBoneTX   46,152

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- topic appears to involve that stage. ***

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

KayDeeCee Grand Master

KayDeeCee   4,896

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Yes, you can wait as there is no deadline to file for AOS, but be aware that he will be out of status when his I-94 expires.

If you are not self-employed, then you can go ahead and file without waiting that long. You can list your current annual income and show proof of it with a letter from employer and recent pay stubs(last 6 months worth if you have that many). You would include a statement explaining why you were not legally required to file any of the last 3 years you did not. Also keep in mind that if you worked while abroad those 3 years, you still needed to file taxes if required to.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted (edited)

I just got back into the States after living abroad for 3 years and have not filed taxes yet. Should I wait to file my taxes and THEN apply for AOS for my fiance? My fiance is going to be here Oct 6th and I can be his ONLY sponsor (that is my goal), but only if I file taxes. This means we will have to wait 5+ months till I get my taxes and cannot adjust his status. Is this legal and acceptable for USCIS or will they deport/deny him?

First of all, where you lived has nothing to do with whether you filed taxes. As a US citizen, you are subject to US taxes on your worldwide income regardless of where you live. The only reason you can not file taxes (and this is the same whether you live in the US or not) is that your income that year is below the filing threshold for that year (which can be found in the beginning of that year's Form 1040 instructions).

If you were required to file for any of the years, and failed to file, then you should go back and file back taxes ASAP.

If you were not required to file (i.e. your income was below the threshold) for those years, then it is fine that you did not file; you did nothing wrong.

It is NOT true that you have to file taxes in order to be a sponsor. You just have to have filed if required to. Whether you qualify as the only sponsor is based on your current income.

Edited by newacct
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...