AOS from DACA

[Maknee 0]

Hello, 

 

I am currently a Daca recipient and about to start my AOS journey. I recently just got married about a month ago to my wife that's a U.S. Citizen. We have 2 kids and have been together since 2019. My biggest Question/Concern is my tax requirements. I make about 85k to 100k, depending on overtime of course. Since starting a family, it has been hardship after hardship. I haven't been able to file/pay my taxes for '22, '23. I was thinking about file for those two and '24 and setting up a payment plan with the IRS. in the Meantime, I was going to send them my W2's for those 3 years.

 

Would that be sufficient? Or would that be a major setback for me? I am the only income earner for my family. Not sure what to do. 

[Ontarkie 14,702]

~~Moved to DACA, from AOS Family K1/K3- as the OP is a DACA recipient not adjusting from K1.~~

[nastra30 2,470]

  On 2/20/2025 at 5:55 PM, Maknee said:

Hello, 

 

I am currently a Daca recipient and about to start my AOS journey. I recently just got married about a month ago to my wife that's a U.S. Citizen. We have 2 kids and have been together since 2019. My biggest Question/Concern is my tax requirements. I make about 85k to 100k, depending on overtime of course. Since starting a family, it has been hardship after hardship. I haven't been able to file/pay my taxes for '22, '23. I was thinking about file for those two and '24 and setting up a payment plan with the IRS. in the Meantime, I was going to send them my W2's for those 3 years.

 

Would that be sufficient? Or would that be a major setback for me? I am the only income earner for my family. Not sure what to do. 

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Why are you sending your tax info and not your US wife/petioner/sponsor tax info? 

Wife is supposed to be doing all that. If she doesn't have income, she'll need a joint sponsor. Unless you yourself can prove 40 SSA credits. 

[Maknee 0]

She is a stay at mom. I have enough income to support us.

[nastra30 2,470]

  On 2/20/2025 at 11:10 PM, Maknee said:

She is a stay at mom. I have enough income to support us.

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Believe it or not; she's the one supposed to fill affidavit of support I864 with proof of income; not you. If she doesn't have income she needs a joint sponsor. 

I don't doubt you have the income to support your family but the govt needs the person sponsoring you (your wife) to sign a contract with them. Not the person migrating. You need to read the I-864 instructions very well or you are going to get denied and lose money refiling your adjustment application again

Edited February 20 by nastra30

[Dashinka 25,165]

  On 2/20/2025 at 11:14 PM, nastra30 said:

Believe it or not; she's the one supposed to fill affidavit of support I864 with proof of income; not you. If she doesn't have income she needs a joint sponsor. 

I don't doubt you have the income to support your family but the govt needs the person sponsoring you (your wife) to sign a contract with them. Not the person migrating. You need to read the I-864 instructions very well or you are going to get denied and lose money refiling your adjustment application again

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In this case the beneficiary can fill out the I864A as a household member to support his wife's I864 since presumably his income is continuing via his DACA EAD.  The OP does need to clean up his tax issues of course.

[nastra30 2,470]

@Maknee. As @Dashinkahas indicated. Your wife completes the main I-864 form. You'll complete I-864A as household member. Now the issue is you've already said you are going through hardship after hardship hence a couple of years behind filing/paying taxes so already that could be a sign to USCIS that you could potentially be a liability to the govt when they look at your circumstances in it's totality. So I'll advise to have a joint sponsor lined-up for just in case scenario. Good luck.

[Maknee 0]

Talked to my Immigration attorney. She stated as long as I have an agreement with the IRS and it's the first time, then I should be fine. My income is well over the requirement so it shouldn't be a problem. That and since I'm responsible for my 2 minor U.S. Children and one of them having a disability, it's going to help my case. 

[nastra30 2,470]

  On 2/24/2025 at 8:13 PM, Maknee said:

Talked to my Immigration attorney. She stated as long as I have an agreement with the IRS and it's the first time, then I should be fine. My income is well over the requirement so it shouldn't be a problem. That and since I'm responsible for my 2 minor U.S. Children and one of them having a disability, it's going to help my case. 

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Did the attorney advised you on the proper affidavit support forms to fill and by whom?

Also, how did you originally enter the US?

Edited February 24 by nastra30

[Maknee 0]

@nastra30 My attorney is one the one filling the forms that instead of her being the income supporter, I am.

I am DACA, so my Parents brought me here without status, but I already got my Advanced Parole done. So, if you're wondering if I have my legal entry... I do.

[nastra30 2,470]

  On 2/24/2025 at 10:21 PM, Maknee said:

@nastra30 I am DACA, so my Parents brought me here without status, but I already got my Advanced Parole done. So, if you're wondering if I have my legal entry... I do.

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Ok

[nastra30 2,470]

  On 2/24/2025 at 10:21 PM, Maknee said:

@nastra30 My attorney is one the one filling the forms that instead of her being the income supporter, I am.

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Hopefully, your attorney will fill the appropriate forms accordingly and accurately. Good luck.

[TBoneTX 46,612]

Keep us apprised, please.