only 2 years worth of tax transcripts in the past 3 years

[lala64 93]

I am about to apply for AOS and even though you only have to show 1 year of past tax transcripts, it ask for past 3 years of taxable income. I have an issue because in 2012 I did not file taxes is there going to be an issue with my AOS. I will be filing in 2016 so by then will have 3 years of transcripts for 2013, 2014 and 2015 but my plan is to file 12/31 for the AOS and all I have now is 2013 and 2014 and in 2013 I am not at the poverty guidelines because I only worked half a year but income for 2014 is more than adequate. Any suggestions, can we be denied for this?

[Darnell 8,478]

what did you do/use for the I-134 ?

[Villanelle 4,122]

I know we never talked but I just want to say I have been keeping up with your threads about your journey and all you endured. I was silently rooting for you because I didnt have anything of value to add!

As for income/taxes..

-Im assuming you dont have a return for 2012 because you had no income right? If so then you can include a statement saying you were exempt from filing. If you were suppose to file and didnt you may have to resolve that.

With that out of the way- the 864 is a #######. Its another one of those things that they have some 'discretion' on approving or not. What they are looking for is proof you have a steady and stable income. You establish this by showing a history (prior returns). Experiences range across the board. Some people have not met the requirements for prior years but the current year is above the limits and are approved- some are denied and asked for co-sponsors.

The best advice I can give you is to attach additional evidence to support your case that your income is steady and stable. For a student who had no returns previous years because they were in school they can explain that and show their degree. It shows a logical progression. For blue collared people it can be showing you started the job part time and have now advanced and are full time/promoted. A letter from your employer stating things like you are presently employed and a good and valuable employee can help. I dont know why you only worked 1/2 a year in 2013. If you started the job mid-year thats a logical explanation. If something occurred that prevented you from working explain that as well.

If in 2014 you met the requirements and the same for 2015- well you should be okay.Was it all at the same job? You also have the (potential) opportunity to submit 2016 returns if you file them early in the year. Im guessing if you file now (12/31) it can take several weeks for them to review your papers and (potentially) say you dont qualify. Maybe late Jan or Feb. You could theoretically have your taxes done by that time and submit it.

[lala64 93]

what did you do/use for the I-134 ?

My transcripts from 2014, letters from employer and recent paystubs.

[lala64 93]

I know we never talked but I just want to say I have been keeping up with your threads about your journey and all you endured. I was silently rooting for you because I didnt have anything of value to add!

As for income/taxes..

-Im assuming you dont have a return for 2012 because you had no income right? If so then you can include a statement saying you were exempt from filing. If you were suppose to file and didnt you may have to resolve that.

With that out of the way- the 864 is a #######. Its another one of those things that they have some 'discretion' on approving or not. What they are looking for is proof you have a steady and stable income. You establish this by showing a history (prior returns). Experiences range across the board. Some people have not met the requirements for prior years but the current year is above the limits and are approved- some are denied and asked for co-sponsors.

The best advice I can give you is to attach additional evidence to support your case that your income is steady and stable. For a student who had no returns previous years because they were in school they can explain that and show their degree. It shows a logical progression. For blue collared people it can be showing you started the job part time and have now advanced and are full time/promoted. A letter from your employer stating things like you are presently employed and a good and valuable employee can help. I dont know why you only worked 1/2 a year in 2013. If you started the job mid-year thats a logical explanation. If something occurred that prevented you from working explain that as well.

If in 2014 you met the requirements and the same for 2015- well you should be okay.Was it all at the same job? You also have the (potential) opportunity to submit 2016 returns if you file them early in the year. Im guessing if you file now (12/31) it can take several weeks for them to review your papers and (potentially) say you dont qualify. Maybe late Jan or Feb. You could theoretically have your taxes done by that time and submit it.

Yes it was all at the same Job. I actually had been at the same job since 2009 as stated in my letter of employment as a contracted employee but was not required to file due to the amount of money I made. I then became a full time employee in mid year 2013. You are correct I will file taxes in early 2016 which should satisfy the I864

[Villanelle 4,122]

Well let us know how it goes. Fingers crossed for you.

(and haha I just saw a word in my post got edited out- I was like why?? and then I looked it up on google and apparently its considered "British vulgar slang"? Who knew)

[Amhara 460]

I suspect you didn't file your 2012 tax return because you owed a balance? If the reason for filing is because you didn't have sufficient income, then you would be okay. That would be a simple explanation and within a month after you file your AOS, you will probably have your 2015 Form W-2 ready to go (and current 2016 pay stubs) if you face any problems.

Edited for your post:

If your 2012 income was below the filing requirements, that's easier to explain away. While I think they will look at it, it was many moons ago and we are onward to a new year...with new financial reports!!

Edited December 16, 2015 by Amhara

[Pinkrlion 2,716]

I just copied the same stuff from I-134, and updated paystubs. No issues

[lala64 93]

Thanks all I will keep you updated. I have letters from my employers, paystubs and last years tax transcripts. Also I know this is a new topic but in the AOS packet for EAD what is the code for K1 that we should use?

[lala64 93]

Thanks all I will keep you updated. I have letters from my employers, paystubs and last years tax transcripts. Also I know this is a new topic but in the AOS packet for EAD what is the code for K1 that we should use?

Sorry found the answer for question 16 on i765 is (a) (6) thanks all

[lala64 93]

Well let us know how it goes. Fingers crossed for you.

(and haha I just saw a word in my post got edited out- I was like why?? and then I looked it up on google and apparently its considered "British vulgar slang"? Who knew)

HAHA shame on you:) and thanks for your silent support. The plot thickens. does it ever get any easier?

[LouRulka 1]

Hi lala64,

I'm also in the process of doing AOS, and for that EAD code for a k1 adjusting status I believe it is ©(9) when you are filing concurrently with the 485 application. It looks like the (a)(6) code is a non-renewable version, whereas the ©(9) code is renewable and is based on the pending adjustment. I'm not 100% sure bcs I'm at the same stage as you in the process but just wanted to let you know in case more research was needed.

[LouRulka 1]

C,9

[KayDeeCee 4,893]

Sorry found the answer for question 16 on i765 is (a) (6) thanks all

No. You want to use (c )(9 ), which is an adjustment applicant. See the example form here on VJ.

Edited December 17, 2015 by KayDeeCee

[lala64 93]

Got it thanks all!!