Income Tax Return

[Camlex 0]

Hi ! while searching about my situation I saw this forum that might help me. My problem is im planning to petition my fiance after she finish her college by the way Im a US citizen but i just graduated last yr April in the same school and country where she is now (Philippines), i just came back here and got job last Nov. 2017 and got my first W2 but i did not file yet but im planning sooner. I also met the income requirement 125%.My plan is to petition my fiance year 2019 after she graduate I might start filing month of May 2019.. is it possible to get her here? even though i only got two income tax return by that time? please help me what to do. 

[geowrian 22,338]

For the K-1 visa, you use the I-134 and only need the most recent year's tax return. So you're fine there. USEM rarely asks for the I-134 anyway.

For AOS after entry, you need to have filed for the past 3 years. If you're missing a year, you can provide a signed letter stating why you were not required to file for the year (i.e. you didn't make enough income to be required to file). Note that USCs are taxed on worldwide income.

[Camlex 0]

Hello Geowrian thank you for that wonderful information you shared to me. Regarding with the AOS you said that it is requiring the 3 yrs filed tax W2. but i read some info/comments that during the interview i think some of them ask about that for the past 3yrs im a bit confuse. and for the last question can she apply AOS until i got the 3yrs requirements or thre is a designated time or limit that she needs to do it ASAP.

[geowrian 22,338]

38 minutes ago, nickhoul said:

Hello Geowrian thank you for that wonderful information you shared to me. Regarding with the AOS you said that it is requiring the 3 yrs filed tax W2. but i read some info/comments that during the interview i think some of them ask about that for the past 3yrs im a bit confuse. and for the last question can she apply AOS until i got the 3yrs requirements or thre is a designated time or limit that she needs to do it ASAP.

The 3 years of taxes must be filed (or a reason stating why it wasn't require to be filed) is needed. The actual tax return is only required for the most recent year, but you can send the other 2 years as well. There are checkboxes on the I-864 for each of these circumstances (not having to file for a year, and providing all 3 years of returns).

A tax transcript (https://www.irs.gov/individuals/get-transcript) is the simplest means to show a tax return. Otherwise you need the 1040 + all W-2s.

 

Since you mentioned W-2s, I'm assuming you are a wage earner. While the tax return is still required as noted above, proof of current income is primarily via pay stubs and an employment letter.

 

So long as you marry within the 90 days of entry on a K-1 visa (and have the support of the I-129F petitioner), you qualify to file for AOS. This can be years later. That said, your legal status is only for 90 days from entry on the K-1 visa. After the 90 days, if you have not filed for AOS then you would be unlawfully present in the US (technically deportable but not a priority in itself) and accruing unlawful presence. Once you file for AOS, you are granted authorized stay while the case is pending (and therefore lawfully present in the US and not deportable just for being in the US).

Edit: And note that if you don't file for AOS, you can't get an EAD to work or AP to travel abroad (and return).

Edited February 15, 2018 by geowrian