Filing for AOS from K-1 visa - 2016 tax return not yet accepted by IRS

[lacolinab13 86]

My fiance's K-1 visa was approved last month, and he will be coming to the US at the beginning of August. We plan on getting married ASAP and applying for AOS as soon as we get the marriage certificate.

I am currently a student, so my father will be my fiance/husband's joint sponsor. He already has his tax transcripts ready.

Question 1: Per the form instructions, it seems like all we need are the tax transcripts or return photocopies, but so many people on here send copies of letter of employment, pay stubs, letters from the bank, etc etc. Is this necessary? We plan on getting a letter of employment from HR as my father got one for the i-134 and it will be easy to update. Should we submit more evidence? My father's household size is 3 including my fiance, and his income is way over the minimum. He has been with the same company for almost 35 years (this is in the HR letter).

I know I need to file the i-864 of course, even though I am currently a student and have zero income. I filed my 2016 taxes in mid-March, however, the IRS has not yet accepted my return and there is now a mix-up over my health insurance status. (Briefly, the IRS thinks I got premium tax subsidies through the healthcare exchange for 2015 and need to file a 1095-A - but I was not insured. Currently trying to get the exchange to recognize this and send corrected info to the IRS, but of course it's taking forever). At this point, I am not confident that the issue will be resolved in the next month. I have begged the healthcare exchange to move faster on this, but they don't care.

Question 2: I plan on submitting a photocopy of my 2016 return - but will it cause problems that the IRS has not accepted my return yet? Should I submit anything in addition to the return photocopy (an explanation?) or just not mention the issue?

Thanks in advance!

Edited June 29, 2016 by lacolinab13

[soulstriker 274]

2016 tax return doesnt come the valid till next year april , right now the most recent valid tax return would be 2015

[lacolinab13 86]

Sorry, yes, of course - what I meant was, the tax return that was due on April 15, 2016, for the tax year 2015, has not yet been accepted and is likely not to be by the time I file for AOS.

Edited June 29, 2016 by lacolinab13

[p-ana 933]

Since your income won't be the one supporting the immigrant, I don't think they'll go crazy. Sending your i864 filled, tax return papers and putting the explanation it's is pending, with supporting evidence will probably be ok I think.

About your fathers papers, he should fill an i864, send at least the 2015 complete tax return (or tax transcripts), I'd get his pay checks for a few months, letter from the employer if it's available. No need for bank statements or anything else if his income is above the poverty guideline.

Good luck!

[Ash.1101 1,756]

The more proof, ESPECIALLY on the financial side, the better.

For the first question: No, you don't NEED all of the extra, but it doesn't hurt and it generally only helps. Pay stubs show CURRENT income, so it's almost always recommended to send paystubs as current income is most important.

IE: My father's tax return shows he made 90k for 2015 tax return. He was laid off in early April of last year. He didn't work until January of this year, so while it wants a tax return as proof of income, he'd be able to show that, but not show current income.

At MINIMUM, I say make sure to get tax return/W2 combo AND/OR tax transcript, an employer letter stating how much he makes, and recent paystubs.

Second question: They may not worry too much about your tax return, but you can make a statement that it hasn't been accepted yet. If they have an issue with it, they'll send an RFE.

[KayDeeCee 4,893]

The instructions state it is not needed unless asked for. You will find that they tend to ask for it if you do not go ahead and send it to begin with. They like to see documentation that shows the actual current annual income amount. Use a letter from employer and/or recent pay stubs.

If you have filed your 2015 return, then include a complete copy of all forms, schedules, W-2s and/or 1099s. Your most recent tax return is a requirement, whether you are using a joint sponsor or not.

[lacolinab13 86]

Thank you for the input. In addition to the employer letter, I'll ask my father for some recent pay stubs as I would rather avoid RFEs and lots of back and forth.

I am going to push hard for the tax issue to be resolved ASAP so I don't have to worry about it causing a problem.