AOS interview in 30 days. Husband didn't file his 2020 taxes - he got an extension. What do we do for the interview's I-864? Are W2s for 2020 enough?

[ThomasNC1988 762]

You said he was unemployed when he filed his 2019 taxes but not that he didn't make any money in 2019, was his income from 2019 0 or close to 0? Anyway, no big mystery how this made it to interview without and RFE because as you stated he was earning enough at the time he filed to qualify and his 2020 taxes wouldn't have been do at that time. So he qualifies and included the required documents, what would they request. Don't be surprised if you go in and get the rubber stamp treatment and they don't even bring this up, but be prepared with all the documents you have. If he were to efile now he should have his transcript in ample time but I wouldn't do that. I would take the information you currently have the proves his ability to sponsor you and proof he has an extension on filing his 2020 taxes and only offer it if they ask for it. Otherwise, sit down, shut up, and answer the questions they ask about if you are a terrorist and what not. 

 

Ohh I think I might have been mixed up on when he was unemployed. If he was unemployed when he filed that is a little confusing unless the assets were sufficient. 

Edited August 2, 2021 by ThomasNC1988

[Jared&Roxy 20]

32 minutes ago, ThomasNC1988 said:

You said he was unemployed when he filed his 2019 taxes but not that he didn't make any money in 2019, was his income from 2019 0 or close to 0? Anyway, no big mystery how this made it to interview without and RFE because as you stated he was earning enough at the time he filed to qualify and his 2020 taxes wouldn't have been do at that time. So he qualifies and included the required documents, what would they request. Don't be surprised if you go in and get the rubber stamp treatment and they don't even bring this up, but be prepared with all the documents you have. If he were to efile now he should have his transcript in ample time but I wouldn't do that. I would take the information you currently have the proves his ability to sponsor you and proof he has an extension on filing his 2020 taxes and only offer it if they ask for it. Otherwise, sit down, shut up, and answer the questions they ask about if you are a terrorist and what not. 

 

Ohh I think I might have been mixed up on when he was unemployed. If he was unemployed when he filed that is a little confusing unless the assets were sufficient. 

 

He was employed when he filed his 2019 taxes. He was unemployed when we sent off our AOS package, but he had made well enough over the minimum by that time and we also used our account balances as assets. 

 

He hasn't filed his 2020 taxes because I don't have an SSN and it's needed if you're filing married instead of single, so we thought better wait until I get an SSN. We were expecting I'd get my I-131/I-765 card before the AOS interview.

 

As for the interview - let's say they ask for the I-864 and supporting documents. Should I just hand it over orrrrrr should I say we didn't file his 2020 taxes yet?

[ThomasNC1988 762]

1 minute ago, Jared&Roxy said:

As for the interview - let's say they ask for the I-864 and supporting documents. Should I just hand it over orrrrrr should I say we didn't file his 2020 taxes yet?

If they say "your income doesn't seem to meet the requirements" that's your time to throw out everything you have to get across that hurdle. Just let them lead rather than go in trying to explain something they haven't asked about. The main thing is to just relax, they will help you and tell you exactly what you need. Worst outcome would be your GC is delayed until you sort it all out.

[Jared&Roxy 20]

Just now, ThomasNC1988 said:

If they say "your income doesn't seem to meet the requirements" that's your time to throw out everything you have to get across that hurdle. Just let them lead rather than go in trying to explain something they haven't asked about. The main thing is to just relax, they will help you and tell you exactly what you need. Worst outcome would be your GC is delayed until you sort it all out.

So they look at the supporting documents and through the pages when you give it to them? I remember at my K1 interview in Canada they didn't look at anything during the interview haha.

 

So the worst outcome is RFE or administrative processing? A couple of the people on FB are scaring me talking about deportation proceedings...

[ThomasNC1988 762]

4 minutes ago, Jared&Roxy said:

So they look at the supporting documents and through the pages when you give it to them? I remember at my K1 interview in Canada they didn't look at anything during the interview haha.

 

So the worst outcome is RFE or administrative processing? A couple of the people on FB are scaring me talking about deportation proceedings...

Ohh yeah the experience at the AOS interview is a lot different than at the consulate. A lot of times they have their minds made up ahead of time but its not as set in stone as at the consulate level. There can be a lot more "investigative" things and the like. Think Stokes interview. Just remember its going to be ok. Do the best you can to be prepared to prove your eligibility if questioned. If you need something beyond what you have they will tell you and you won't be deported right away or anything lol. You can catch someone on a bad day or something but overall they are generally just nice regular people that want things to go smooth the same as you.

[Rocio0010 5,579]

13 minutes ago, Jared&Roxy said:

So they look at the supporting documents and through the pages when you give it to them? I remember at my K1 interview in Canada they didn't look at anything during the interview haha.

 

So the worst outcome is RFE or administrative processing? A couple of the people on FB are scaring me talking about deportation proceedings...

Deportation proceedings? Nah. Worst outcome would be a RFE, but if you follow my advice and prepare a joint sponsor just in case, they will not send you a RFE.

[Jared&Roxy 20]

9 minutes ago, ra0010 said:

Deportation proceedings? Nah. Worst outcome would be a RFE, but if you follow my advice and prepare a joint sponsor just in case, they will not send you a RFE.

We are on the fence about getting a joint sponsor due to family stuff that's going on... 

 

If we get an RFE, would it be just to submit the 2020 tax documents once we have them? Do you know how long they take to review that stuff?

 

Thanks for your help.

[Rocio0010 5,579]

2 minutes ago, Jared&Roxy said:

We are on the fence about getting a joint sponsor due to family stuff that's going on... 

 

If we get an RFE, would it be just to submit the 2020 tax documents once we have them? Do you know how long they take to review that stuff?

 

Thanks for your help.

Sometimes those RFEs are sort of generic and very vague, but I’d say it’s going to be your tax returns, your sponsor’s pay stubs, and a letter of employment. 

[Jared&Roxy 20]

14 minutes ago, ra0010 said:

Sometimes those RFEs are sort of generic and very vague, but I’d say it’s going to be your tax returns, your sponsor’s pay stubs, and a letter of employment. 

I think we would have all those in a few months. Thanks again!

[Rocio0010 5,579]

I’d start by going in person to the nearest IRS office and have them help you file your taxes.