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 14,549]

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

[nastra30 2,427]

3 hours ago, 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. 

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 2,427]

9 minutes ago, Maknee said:

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

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 18 hours ago by nastra30

[Dashinka 24,895]

18 hours ago, 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

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.