Incomplete Application

[Maria42 0]

hello, i have good travel history as tourist and i arrived late jan this year. my i94 is expiring late jul.

we got married recently and would like to file i130 and i485 same time but my husband (us citizen) doesn’t have tax transcript for the past 3 years.

i would like to ask if it is wise to file application even if incomplete documents befor my i94 expires.

thank you very much

[Roel 7,192]

Tell your husband to file his taxes. You'll need those no matter what. 

[Maria42 0]

thank you roel. he would file but my i94 is expiring next month. can we file incomplete application?

[Ksenia_O 696]

Tax years 2016 and 2017 can still be filed electronically.  So it won't take that long. 

2015 needs to be  mailed.

 

 You can submit Tax Transcripts OR copy of your return along with W-2s/1099s attached.   I filed my AOS in 2014 with copies of Tax Return - not a problem.

Looks like USCIS likes Transcripts more, but If they really need Tax transcripts, they will send you RFE - it's still better than incomplete application submission. IMO... 

 

 

Edited June 27, 2018 by Ksenia_O

[Maria42 0]

thank you ksenia. i do not want to be out of status so can we file i130 and i485 even if i864 is still pending then we get rfe and furnish the missing document later on?

[geowrian 22,337]

11 minutes ago, Maria42 said:

thank you roel. he would file but my i94 is expiring next month. can we file incomplete application?

An I-864 is required with the I-485. He doesn't qualify as a sponsor for the I-864 until until taxes are filed.

 

He can submit the I-864 and choose that he didn't file tax returns, but I'm not sure if they would accept a packet without a transcript or return, as this is marked as a requirement for filing the I-864. It might be rejected or it might be accepted then an RFIE sent afterwards for the documentation.

[Ksenia_O 696]

15 minutes ago, Maria42 said:

thank you ksenia. i do not want to be out of status so can we file i130 and i485 even if i864 is still pending then we get rfe and furnish the missing document later on?

As geowrian has mentioned, it may be accepted and later you'll get an RFE. Or - it can be rejected and you'll have to submit the whole application again. It's really hard to tell what happens exactly.

 

Well, it doesn't hurt to try.. But again - it's been reported here that sometimes if application gets rejected, people don't receive their packages back, but just a Notice of Rejection. USCIS then states they don't have it, Post office also tells you "stories".  And I, personally, would not want that my application with sensitive information was "floating somewhere out there" in case of rejection....

 

Your husband really needs to file his Tax Returns asap, and for your smooth immigration journey as well.   

 

Good luck!

[iulia.matey 25]

I think you have a good chance of RFIE later if you file with just 2 tax returns which he can get quite fast. Not having any is probably going to be a red flag. Good luck!