Filing Concurrently I-130 and I-485 without I-864, can you do it?

[yingyang85 0]

we met a month after I got here in the US (November) and have known him since then.  He/we did not expect that having a tax transcript this late is it required that's why he never bother to get this done soon especially he did not expect to met and marry someone this soon either.  He is filing his taxes now but it will be too late to send the forms by the time we received the the tax transcript we are waiting.  I am not sure sure if I should send out all for documents now or wait out until I get the transcript, or go home and do a CR visa (which would mean I have to start all over again) gathering all the required documents we have.

[yingyang85 0]

Thanks for all the input

Edited April 5, 2017 by yingyang85
have posted already

[3rd 84]

We ended up getting a joint sponsor as my husband was unemployed for all but the last year of the required tax returns. We attached a supplement stating why he hadn't filed, along with that years tax return and the accompanying co-sponser I-864 with all the tax documents and W-2s. As long as there was a valid reason that he was no required to file then you can go ahead and apply, if not then you'll need to pay some back taxes and get the transcripts online. Overstay of your I-94 is forgiven for the spouse of a USC, but it's prudent to apply for your AOS as soon as you possibly can to get you into a period of legal stay.

[yingyang85 0]

Thanks for the suggestion 3rd.  My spouse forgot to file last year and he just filed this year.  I don't know what valid reason we could give them given that he just forget to file.  He doesn't even owe any taxes back.  I will try to do the suggestion you give though.  I appreciate it much!

[3rd 84]

11 minutes ago, yingyang85 said:

Thanks for the suggestion 3rd.  My spouse forgot to file last year and he just filed this year.  I don't know what valid reason we could give them given that he just forget to file.  He doesn't even owe any taxes back.  I will try to do the suggestion you give though.  I appreciate it much!

 

If he forgot to pay his taxes, then he'll have to pay for them and ASAP. Even if he doesn't owe anything he still needs to file. Unfortunately as he was working during that tax year he can't say he was unemployed, that's lying to USCIS. If you get those back taxes done, I'm sure there will be a penalty but I'm not the USC so I'm not entirely sure how it all works. Once you get all of them filed, grab those transcripts and you should be good to go.

[yingyang85 0]

I was wondering if I should wait until I get the tax transcript and file afterwards? Even if it means that I have to stay here with my visa expired. Running a couple scenarios in my mind.

[3rd 84]

23 minutes ago, yingyang85 said:

I was wondering if I should wait until I get the tax transcript and file afterwards? Even if it means that I have to stay here with my visa expired. Running a couple scenarios in my mind.

 

You'd be better off waiting. As has been stated, your overstay will be forgiven as the spouse of a USC. I was out of status for a few months before in legal stay of the AOS, and felt pretty nervous about it but we had to get everything together and I wanted to do it right than risk an RFE that could set our timeline back. Wait, get your tax transcripts, then file. It'll also give you more time to get your whole package in order and make sure to triple check everything, sign where you need to, and provide ample evidence.

[yingyang85 0]

that's wonderful! I am glad and happy for you.  As a person going through this and have been successful, can you suggest what else documentation we need to prove that our marriage is bona fide?  We only got joint bank account, lease and rental agreement, gym membership, electricity bills, internet bills, healthcare directive, photos of the weeding, affidavit sworn by third party (just 2), printed messages, and plane tickets.  Anything I can add to this?  Thanks much!

[3rd 84]

4 minutes ago, yingyang85 said:

that's wonderful! I am glad and happy for you.  As a person going through this and have been successful, can you suggest what else documentation we need to prove that our marriage is bona fide?  We only got joint bank account, lease and rental agreement, gym membership, electricity bills, internet bills, healthcare directive, photos of the weeding, affidavit sworn by third party (just 2), printed messages, and plane tickets.  Anything I can add to this?  Thanks much!

You actually have a lot of evidence of a bonafide marriage there. We only had our joint bank account, photos, wedding cards, travel tickets, etc from that time. It wasn't until after we collected things like utilities, healthcare, an updated rental lease, and such. You've got more than enough for the AOS, it's the ROC that they require more than from AOS.

[yingyang85 0]

The electricity bill and the Internet we are still waiting cause it takes a 15 days before they can give me a statement so we are currently waiting on that this week.  WOW, that makes me feel better knowing that have a little bit more to prove to the immigration.  What is an ROC?

[3rd 84]

ROC is Removal of Conditions. Basically to change your conditional Green Card (which lasts 2 years) to a 10 year Green Card. At the time of AOS we didn't have my name on the rental agreement and had to wait, and when it came to the utilities PG&E would have charged us several hundred to change the name because it was a new agreement. We've been getting plenty of other evidence together for ROC, but when it came to AOS we had very little as we were only just beginning out lives together.

[yingyang85 0]

That is good to know.  My spouse and I are planning on travelling to Florida to visit his mother and sister but I am scared and hesistant to go knowing that by the time we leave I am out of status.  It doesn't feel good to someone being "out of status" here you know.  Do you know if you can travel within the US even if your visa had expired?

[3rd 84]

My I-94 expired in early May of 2015 and we got married in Vegas July 4th of that year. I was already 2 months out of status by the time we got married. It set me on edge, but we wanted the setting that we wanted and we knew we were already going to be in Vegas for a friend's birthday, so instead of doing a quick courthouse we did it there. You should be fine, it's only if you were looking to travel outside of the country that you'd run into issues (like a ban).

[yingyang85 0]

Thank you so much for sharing your experience. It makes me feel better knowing that someone had gone through the same thing I am going through right now and had been successful on it.  Best of luck on your marriage and life here in America!