Has anyone applied for AOS as a beneficiary with taxes that haven't been filed?

[ScottishTom 2]

Hi everyone, 

 

As most know me and my wife are getting ready to submit our AOS application. I worked all of last year but I haven't filed my taxes this year yet for the 2017 year, and I also didn't apply for an extension. The amount I owe is about equal to the cost of the AOS paperwork. 

 

Do I have to file these taxes before we submit the paperwork? The reason for asking, is if I pay the taxes right now, it will come out of the money for filing, and we will have to wait 2-3 months to file, to save the cost of the filing.  Alternatively, can I file, and pay the taxes in 2-3 months, long before any interview etc takes place?

[geowrian 22,337]

Yes. The I-864 is a required form for AOS, and filing an I-864  requires having filed taxes for the past 3 years (or an explanation if one was not required to file).

 

With the upcoming change in policy, this could be a cause for an outright denial of your AOS instead of just an RFE/RFIE. It's not supposed to impact people who file before Sept. 11th, but I wouldn't rely on an IO remembering the date the policy went into effect and following that.

Send a complete package.

[mushroomspore 3,044]

14 minutes ago, geowrian said:

Yes. The I-864 is a required form for AOS, and filing an I-864  requires having filed taxes for the past 3 years (or an explanation if one was not required to file).

 

With the upcoming change in policy, this could be a cause for an outright denial of your AOS instead of just an RFE/RFIE. It's not supposed to impact people who file before Sept. 11th, but I wouldn't rely on an IO remembering the date the policy went into effect and following that.

Send a complete package.

OP is the beneficiary and his wife is the USC though. So really, only his wife's returns are needed??

Edited August 31, 2018 by mushroomspore

[geowrian 22,337]

Just now, mushroomspore said:

OP is the beneficiary and his wife is the USC though. So really, only his wife's returns are needed??

Ah, I didn't realize. Yes, that's correct. The sponsor's (petitioner's) tax returns are required.

[A&H2018 146]

I assume MFJ is not possible in that scenario then? She must file MFS would take it and then said that with the AOS package.

[ScottishTom 2]

21 hours ago, mushroomspore said:

OP is the beneficiary and his wife is the USC though. So really, only his wife's returns are needed??

 

21 hours ago, geowrian said:

Ah, I didn't realize. Yes, that's correct. The sponsor's (petitioner's) tax returns are required.

Yes correct, my wife is the petitioner and all of her tax returns are up to date so we will be including those.

 

We dont have to include anything regarding mine as far as I know, which is why I wanted to see if anyone had any experience where they filed without being up to date, but filed the complete taxes before the interview portion?

[A&H2018 146]

You were married in 2018? If she has filed everything you should be fine they will never even ask about your taxes.