Tax Return -

[BradandKaneko 0]

We are currently filing for an adjustment of status, however, I do not have my last years tax return as I filed an extension. I do this virtually every year, as I do not owe, and procrastinate on it in general. 
I have a very healthy level of income, and I have the prior two years returns, the form and letter from my CPA showing the extension, and my W-2s from last year. 

The I-864 states "must be included" for the previous year, and the prior years are optional. My question is, if I am showing adequate income and the prior two years, etc. would this likely be accepted? 
We just recently decided to go the AOS route as the K1 visa just finally made it through the first stage after a year, and it looks like another six months before that is done. 

[Crazy Cat 41,898]

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Edited June 16, 2019 by missileman

[BradandKaneko 0]

She is applying for an adjustment of status.
Looking for more information specifically though on the Affidavit of Support and the tax return requirement from form I-864.

[Crazy Cat 41,898]

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Edited June 16, 2019 by missileman

[BradandKaneko 0]

She is under an I-130 petition for an alien relative... spouse. 

[debbiedoo 2,339]

1 minute ago, BradandKaneko said:

She is under an I-130 petition for an alien relative... spouse. 

is she living in the US or elsewhere?

[BradandKaneko 0]

I am really looking for the answer on the income, I understand the process for the AOS. We have consulted an attorney as well previously, just not wanting to spend 5K on her fees to do the process.
So if you have info on the would appreciate it. 

[Crazy Cat 41,898]

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Edited June 16, 2019 by missileman

[Crazy Cat 41,898]

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Edited June 16, 2019 by missileman

[BradandKaneko 0]

14 minutes ago, missileman said:

I'm not really sure why you refuse to answer my question........I'm just trying to make sure your post is in the right area.....Is she adjusting from a K-1, a B2, F-1, VWP???

 I am NOT refusing to answer your question. What is confusing about my response? It is an 1-130 application, I-130, Petition for Alien Relative.... 

[Crazy Cat 41,898]

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Edited June 16, 2019 by missileman

[BradandKaneko 0]

If I am confused, then I apologize. You asked me what type of visa? It is not a K1. We were married in Guatemala. She applied for a Visa using the I-130 process. So I assume, it is an I-130 Visa. It was me filling out the petition for my alien relative. We are now adjusting that status. What am I missing that I am not providing you and making you so upseT?

[USS_Voyager 1,972]

1 minute ago, BradandKaneko said:

If I am confused, then I apologize. You asked me what type of visa? It is not a K1. We were married in Guatemala. She applied for a Visa using the I-130 process. So I assume, it is an I-130 Visa. It was me filling out the petition for my alien relative. We are now adjusting that status. What am I missing that I am not providing you and making you so upseT?

Let’s start from the beginning. Where is she physically right now? AOS (Adjustment of Status) implies she is  already in the US. If she came on K-1, you do not file the I-130. If she came on other visas such as  B1/2, F1, J1, ... what have you, you do need I-130. If she is outside of the US, you file I-130 but do not do AOS, she has to get an immigrant visa at the Embassy.

So, which is it?

[BradandKaneko 0]

I get the confusion. I thought you were asking what Visa she applied for. SHe is here in the states under a tourist Visa.  She qualifies, we made sure of that with the attorney, etc. 

 

[debbiedoo 2,339]

9 minutes ago, BradandKaneko said:

I get the confusion. I thought you were asking what Visa she applied for. SHe is here in the states under a tourist Visa.  She qualifies, we made sure of that with the attorney, etc. 

 

there now. that wasn't so hard, was it?

 

the instructions are quite literal. you need to submit the previous tax years with the i864. If you do not, you at best get an RFE at worst a denial. 

 

If you have filed the extension, submit that information and the documentation to show income from the previous year (2018). I doubt it would cause an issue as long as all that was done correctly and still in date (how long was your extension for?). 

 

i would also submit 2017 and 2016 tax transcripts as well, since you are not providing the 2018 transcript 

Edited June 16, 2019 by debbiedoo