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Kid A

AOS process about tax transcript

By Kid A in Adjustment of Status from Work, Student, & Tourist Visas

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Kid A Newbie

Kid A   0

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hi everyone, i am currently in AOS, if we cant not provide tax transcript for the most recent year, what can we do to pass this process? my fiance is retied rely on disability VA benefits live for life and he own a small business more, but cant work during medical situation for 2 years now, and didnt filled tax so we are worried we will get denied,any suggestion will be appreciated

OldUser Veteran

OldUser   6,738

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37 minutes ago, Kid A said:

hi everyone, i am currently in AOS, if we cant not provide tax transcript for the most recent year, what can we do to pass this process? my fiance is retied rely on disability VA benefits live for life and he own a small business more, but cant work during medical situation for 2 years now, and didnt filled tax so we are worried we will get denied,any suggestion will be appreciated

Getting a qualifying joint sponsor appears to be the solution.

TBoneTX Grand Master

TBoneTX   45,364

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Filed: Citizen (apr) Country: Ecuador
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On which visa type did you arrive?

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

TBoneTX Grand Master

TBoneTX   45,364

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Filed: Citizen (apr) Country: Ecuador
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1 minute ago, Kid A said:

I came with ESTA to visit my boyfriend and then decide to get married.

Presuming that you stayed after entering in this way, this thread is moved from General Immigration Discussion to the "AOS from Work, Student, & Tourist Visas" main forum, to be among similar topics.  :) 

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Dashinka Grand Master

Dashinka   24,527

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Filed: Citizen (apr) Country: Russia
 Timeline
Posted
7 hours ago, Kid A said:

yes we have joint sponsor, but i read from some where that in AOS, petitioner still have to provide tax transcript even we have joint sponsor. is anyone had same experience?

Look at the I864 instructions at the top of page 9 (for some reason, I cannot copy it on my tablet).  It explains what to do if the person submitting the I864 (your spouse in this case) is not required to file taxes.  He will need to include an explanation as to why and include it with the I864.

 

Good Luck!

 

 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

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Crazy Cat Grand Master

Crazy Cat   41,919

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
10 hours ago, Kid A said:

hi everyone, i am currently in AOS, if we cant not provide tax transcript for the most recent year, what can we do to pass this process? my fiance is retied rely on disability VA benefits live for life and he own a small business more, but cant work during medical situation for 2 years now, and didnt filled tax so we are worried we will get denied,any suggestion will be appreciated

A petitioner must submit either tax documents for the most recent tax year or a valid explanation as to why he/she was not required to file taxes.  No way around that requirement....even a joint sponsor will not overcome it.   Perhaps the petitioner's income was below the threshold for filing.  That can be explained easily enough. 

Edited by Crazy Cat

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JeanneAdil Grand Master

JeanneAdil   6,514

Posted
Filed: Citizen (apr) Country: Morocco
 Timeline
Posted (edited)
9 hours ago, Kid A said:

hi everyone, i am currently in AOS, if we cant not provide tax transcript for the most recent year, what can we do to pass this process? my fiance is retied rely on disability VA benefits live for life and he own a small business more, but cant work during medical situation for 2 years now, and didnt filled tax so we are worried we will get denied,any suggestion will be appreciated

 

https://www.irs.gov/businesses/small-businesses-self-employed/business-taxes

 

All businesses except partnerships must file an annual income tax return. Partnerships file an information return. The form you use depends on how your business is organized

 

Edited by JeanneAdil
Verrou Proficient

Verrou   1,962

Posted
Filed: AOS (apr) Timeline
Posted

someone (USC) who didnt file tax for the past 2 years (2021-2022)  got RFE for i-864 when he filed for his mother 2 months ago. 

 

situation : 

1. he didnt make enough for the past 2 years 

2. he need joint sponsor ( that he never submit in the initial submission)

3. this person said " i had a business and i lost / didnt make money. therefore i didnt file tax"

 

i told him to go to CPA to file that tax 2021-2022. and suddenly voila, he can produce tax return report that he got from CPA.

he cant produce tax transcript, something about website is closed for the moment to file tax ? ( not clear), but AFAIK, even when u lost for ur business, u still need to file tax no matter what, even when he finally got joint sponsor who made more than enough. 

 
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