filling for AOS without tax trascript

[pilotkausa 5]

I have a question. I would be grateful if anyone could help me with it.

I married my USC husband in April 2014, even thought we have been together since 2012.

My husband quit his job in 2013 and started working for himself. (self-employed)

I've been on F1 visa for the last 5 years and still in status but about to graduate.

I have been fillling my taxes as head of household and claimed my stepson that have lived with us all this time.

My husband on the other hand did not file his taxes until recently (2 weeks ago).

I'm freaking out and want to file for AOS asap but his taxes for 2012 and 2013 and our MFJ taxes for 2014 hasn't been processed yet.

The question is should I wait for all the tax returns to be proccesed and then request a tax transcipt for 2014 or file for AOS right now with copies of 1040, schedule C and schedule SC and my w2 (I have been legally employed by state of Texas for the past 5 years) but possibly receive an RFE for unsuffient paperwork. I'm afraid that if I do receive an RFE for not having a proper tax trascript from IRS, I will not have enough time to respond to an RFE, because according to the timetable on IRS.gov, late tax returns filed by paper could be processed for as long as 16 weeks.

I am lost. please help.

[Nich-Nick 3,354]

I have a question. I would be grateful if anyone could help me with it.

I married my USC husband in April 2014, even thought we have been together since 2012.

My husband quit his job in 2013 and started working for himself. (self-employed)

I've been on F1 visa for the last 5 years and still in status but about to graduate.

I have been fillling my taxes as head of household and claimed my stepson that have lived with us all this time.

My husband on the other hand did not file his taxes until recently (2 weeks ago).

I'm freaking out and want to file for AOS asap but his taxes for 2012 and 2013 and our MFJ taxes for 2014 hasn't been processed yet.

The question is should I wait for all the tax returns to be proccesed and then request a tax transcipt for 2014 or file for AOS right now with copies of 1040, schedule C and schedule SC and my w2 (I have been legally employed by state of Texas for the past 5 years) but possibly receive an RFE for unsuffient paperwork. I'm afraid that if I do receive an RFE for not having a proper tax trascript from IRS, I will not have enough time to respond to an RFE, because according to the timetable on IRS.gov, late tax returns filed by paper could be processed for as long as 16 weeks.

I am lost. please help.

You can find the answer straight from the horse's mouth (USCIS) by reading the I-864 instructions. Start at the bottom of page 7 and continuing down page 8 http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

When they say send either this or this, believe them. Just read all the details so you include everything

[pilotkausa 5]

You can find the answer straight from the horse's mouth (USCIS) by reading the I-864 instructions. Start at the bottom of page 7 and continuing down page 8 http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

When they say send either this or this, believe them. Just read all the details so you include everything

Thank you for your answer.

I think this line applies to us: "If you were required to file a Federal income tax return during any of the previous three tax years but did not do so (we just did 2 weeks ago), you

must file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before

submitting Form I-864." I can't attached an IRS-generated tax return trascript because we just filed our taxes for last 3 years..

or could we go to local IRS office and ask for some kind of documentation, proving that we just filed but the tax returns haven't been processed yet?

Edited December 18, 2015 by pilotkausa

[MariaR323 199]

Thank you for your answer.

I think this line applies to us: "If you were required to file a Federal income tax return during any of the previous three tax years but did not do so (we just did 2 weeks ago), you

must file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before

submitting Form I-864." I can't attached an IRS-generated tax return trascript because we just filed our taxes for last 3 years..

or could we go to local IRS office and ask for some kind of documentation, proving that we just filed but the tax returns haven't been processed yet?

The local IRS office can provide a tax transcript only if the returns have been processed. If the returns have not been processed there is nothing they can provide.

[Villanelle 4,122]

Hmm it appears you already know the answer.

If you file now you dont have everything required- so you will get an RFE. Its unsure if you will have everything in time to respond properly. (being the end of the year you can expect the IRS estimate to be accurate as its their busy season). If you fail to respond properly you will be denied and lose your filing fee and have to refile (pay again). As stated you need the transcripts- not a letter saying they are being processed or proof they were submitted.

So its up to you if you want to 'roll the dice'. You may have everything in time for the RFE- you may not.

For most people money is a factor and they wouldnt waste the money to file if there is a chance it will be denied for not having all the documents and the money will be lost. If money is not a factor for you (bless you) then its simply a gamble. If you lose and you can afford to- then its not much of a loss.

[pilotkausa 5]

We finally received 2014 tax return transcript today, now I have another question: how to prove current annual income if petitioner is self employed?

He has been self employed for last 2.5 years.

He doesn't have any professional licensing, he works as a automotive technician, mostly for cash.

We filed taxes as MFJ in 2014 and his individual income and out total household income exceeds the poverty guideline.

I am confused how can we proof what his current income is. We don't use a CPA, we did out taxes ourselves. His bank account statement would not represent how much he currently makes because he rarely deposits money into the account. We could provide a self written letter of employment but would it be sufficient? I am trying to avoid RFE...

thank you for your time.

[Nich-Nick 3,354]

We finally received 2014 tax return transcript today, now I have another question: how to prove current annual income if petitioner is self employed?

He has been self employed for last 2.5 years.

He doesn't have any professional licensing, he works as a automotive technician, mostly for cash.

We filed taxes as MFJ in 2014 and his individual income and out total household income exceeds the poverty guideline.

I am confused how can we proof what his current income is. We don't use a CPA, we did out taxes ourselves. His bank account statement would not represent how much he currently makes because he rarely deposits money into the account. We could provide a self written letter of employment but would it be sufficient? I am trying to avoid RFE...

thank you for your time.

Self employed don't generally know their current income unless they are a self-employed contractor for one business and have regular hours and amount earned every pay period. If he works for one business all year, they are at fault for not providing him a 1099-MISC showing his total earnings for the year, even if it varied week to week. Your income can be listed on the I-864 as a family member, but they will want to see documentation that you have legal status and work authorization, so add that to the I-864 documentation. Then the household total income taken from the tax return can be used to determine eligibility. The employer letter and such are listed as optional in the instructions.

A side note: Start keeping a good record of his earnings. Cash is not tax free income and has to be reported on your (joint) tax return.

[pilotkausa 5]

Self employed don't generally know their current income unless they are a self-employed contractor for one business and have regular hours and amount earned every pay period. If he works for one business all year, they are at fault for not providing him a 1099-MISC showing his total earnings for the year, even if it varied week to week. Your income can be listed on the I-864 as a family member, but they will want to see documentation that you have legal status and work authorization, so add that to the I-864 documentation. Then the household total income taken from the tax return can be used to determine eligibility. The employer letter and such are listed as optional in the instructions.

A side note: Start keeping a good record of his earnings. Cash is not tax free income and has to be reported on your (joint) tax return.

He is not a self-employed contractor per se. He fixes cars for individuals, we have his receipts but that would be a lot to copy and send in, i would say like 1000 pages. I doubt USCIS wants to see all that. We have filed joint return in 2014, and his business income is enough to sponsor me. I was thinking to add my legal income (as a teaching assistant), but I read that i would have to prove somehow that the the job would be available to me after I received my permanent card which is not the case because I am about to graduate, but I can prove that I worked legally for last 5 years for the same university. I guess we would have to try to get a bank statement of all the deposits in the past year and write a statement of self employment.

[Nich-Nick 3,354]

He is not a self-employed contractor per se. He fixes cars for individuals, we have his receipts but that would be a lot to copy and send in, i would say like 1000 pages. I doubt USCIS wants to see all that. We have filed joint return in 2014, and his business income is enough to sponsor me. I was thinking to add my legal income (as a teaching assistant), but I read that i would have to prove somehow that the the job would be available to me after I received my permanent card which is not the case because I am about to graduate, but I can prove that I worked legally for last 5 years for the same university. I guess we would have to try to get a bank statement of all the deposits in the past year and write a statement of self employment.

Then he does not really know what his current income is because maybe nobody will want want a car fixed going forward. Or maybe twice as many as last year. His income is not predictable. For example, if I got a raise today to $3000 a month, then I could say my current income is 12x$3000, even if my last tax return said I made $24,000. But I would have to provide an employer letter saying I currently am paid $3000/mo. Because it's more than my tax return says. He can't show what he will be earning the rest of this year.

They will have to get his income off the 2014 tax return. And you will have to show that your part of that tax return was legally obtained in 2014. Better yet is get your 2015 taxes done and prove your 2015 part of the tax return was legal money obtained by a legal person in 2015.

His bank deposits or receipts for 2015 won't help on the I-864 because self employed can take business deductions. USCIS needs the profit/loss figure from Schedule C that shows his net income. you may say, oh he doesn't take any deductions. The USCIS does not know that until they see the final tax return. In my opinion, there is nothing but a tax return that is going to help you because of how self-employed must be evaluated

[RobertM54 36]

He is not a self-employed contractor per se. He fixes cars for individuals, we have his receipts but that would be a lot to copy and send in, i would say like 1000 pages. I doubt USCIS wants to see all that. We have filed joint return in 2014, and his business income is enough to sponsor me. I was thinking to add my legal income (as a teaching assistant), but I read that i would have to prove somehow that the the job would be available to me after I received my permanent card which is not the case because I am about to graduate, but I can prove that I worked legally for last 5 years for the same university. I guess we would have to try to get a bank statement of all the deposits in the past year and write a statement of self employment.

He should be making quaterly tax payments for his social security and estimated tax.

You should be keeping copies of the quarterly 1040-ES payments.

They would do nicely for substantiating income, I think.

https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Estimated-Taxes​

[pilotkausa 5]

He should be making quaterly tax payments for his social security and estimated tax.

You should be keeping copies of the quarterly 1040-ES payments.

They would do nicely for substantiating income, I think.

https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Estimated-Taxes​

I know he should have but he has not so I am about to file with what we have collected so far...

I have found a few cases of self employment on this forum and none of them used quarterly estimated taxes.

hopefully we will get lucky too, fingers crossed.

[RobertM54 36]

Good luck to you. I know this has got to hurt - if he has not been paying his FICA for several years.

[TKSR15 7]

Hi pilotkausa

​I am currently in the same situation did not file taxes for the last few years until early this year. i like you filed 3 years at the same time. How did you resolve your situation? Did the local tax office get your tax transcripts and if so how long did it take?

Thanks.

[pilotkausa 5]

Yes, we did file taxes for 2012, 2013 and 2014 in December 2015 and it look 2 months on average to get it accepted. Now I'm amending 2 of those years, 2014 is already done. You can go to your local office and request a trascript and they will print it out right there and then. We were hit with fail to file and fail to pay penalties... so get ready to lose all your refund money.. file as soon as possible.

[TKSR15 7]

Yes, we did file taxes for 2012, 2013 and 2014 in December 2015 and it look 2 months on average to get it accepted. Now I'm amending 2 of those years, 2014 is already done. You can go to your local office and request a trascript and they will print it out right there and then. We were hit with fail to file and fail to pay penalties... so get ready to lose all your refund money.. file as soon as possible.

thanks.

I l already filed mid Jan 2016 but did not have The money but at least I did file. Will go get the transcrip tomorrow at local office. Thanks so much. Glad all went well for you. Hoping mine does also.