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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I arrived in the U.S. on a K-1 visa, got married last month, and now gathering documents for my adjustment of status package. My spouse (my affiliate of support) has filed for tax returns in the previous 2 years, but not the third. Is this going to be a problem? Should we attach a letter explaining why he didn't file for tax return that year? He reason is simply he just never received a form from his employer.

 

Also, if we were to send it off without a letter explaining, do small mistakes and uncompleted info like this risk your application being denied? Or do they call you and ask about it? I have all the major stuff ready but this just seems like a small thing - but I don't want to risk it.

Posted (edited)

He will need three years of tax returns for the I-864. If he was not required to file for a year, a letter explaining why should be provided. Not owing taxes is a legitimate reason not to file. Not receiving a letter from your employer, in itself, is not. Each individual is required to file taxes based upon their income and other circumstances regardless of whether or not an employer/client submits a W2/1099. He is probably fine (I'm assuming he didn't make enough to owe taxes that year), but he should verify that as well. USCIS is not the IRS, but a valid reason for not having a tax return must be provided.

 

Generally, small mistakes result in an RFE. It's very uncommon to deny somebody outright...and not over small items (except filing mistakes like not providing accurate payment...albeit this is a rejection/refusal instead of a denial).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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