Tax forms neccessary to proove income?

[pushbrk 12,910]

I was under the impression that by the time we file the AOS my fiance will be working for at least 6 months at some job, and her income could be counted correct?

This is not a correct impression. It might take 3 to 6 months after filing AOS to have authorization to work. Usually EAD is granted within 90 days of filing the AOS application, so don't count on your fiance working before filing. It is possible if she enters through JFK and get the temporary EAD stamp, she could work some during the next 90 days but then she has a period from 90 days after entry until EAD is granted where she isn't legal to work.

[Just Cool 0]

I was under the impression that by the time we file the AOS my fiance will be working for at least 6 months at some job, and her income could be counted correct?

This is not a correct impression. It might take 3 to 6 months after filing AOS to have authorization to work. Usually EAD is granted within 90 days of filing the AOS application, so don't count on your fiance working before filing. It is possible if she enters through JFK and get the temporary EAD stamp, she could work some during the next 90 days but then she has a period from 90 days after entry until EAD is granted where she isn't legal to work.

Okay, but wont she be granted 2 year conditional residency, so i have up until that long to file for AOS, right?

[payxibka 10,045]

Okay, but wont she be granted 2 year conditional residency, so i have up until that long to file for AOS, right?

No, a K-1 is granted a 90 day stay... It is the AOS application process that will typically provide the initial 2 year conditional residency (greencard).

[omeysgirl 0]

Ill have to keep this in mind

[pushbrk 12,910]

Okay, but wont she be granted 2 year conditional residency, so i have up until that long to file for AOS, right?

No, a K-1 is granted a 90 day stay... It is the AOS application process that will typically provide the initial 2 year conditional residency (greencard).

Correct. A K3, on the other hand, could wait longer to file AOS, as we did but my wife doesn't have conditional residency. She has EAD and an I-94 good for two years from her arrival date. Conditional residency is a two-year green card obtained through the AOS process.

K-1 I-94s are good for only 90 days, not two years.

[1HappyGuy 45]

Since you are working for someone that pays you off the books, you need to decide how to file your taxes. You could say you are self employed but the guy you work for doesn't send out 1099's. Then file a tax return with your income and expenses. Technically this guy you work for is breaking the law by not give you a W-2 for your wages. This is a common problem. You should seek professional tax advice. It might make some of your problems go away depending upon the amount of income.

Otherwise, you need to find someone that is willing to accept the responsibility of sponsoring your fiancee. Investigate that responsibility first before asking someone.

[Just Cool 0]

Since you are working for someone that pays you off the books, you need to decide how to file your taxes. You could say you are self employed but the guy you work for doesn't send out 1099's. Then file a tax return with your income and expenses. Technically this guy you work for is breaking the law by not give you a W-2 for your wages. This is a common problem. You should seek professional tax advice. It might make some of your problems go away depending upon the amount of income.

Otherwise, you need to find someone that is willing to accept the responsibility of sponsoring your fiancee. Investigate that responsibility first before asking someone.

honestly, im bummed out. Ive only had this job for maybe 9 months, so even if i was working legit taxes it appears that we still wouldnt be able to get married per the AOS requirements of 3 years tax returns.

So lets say i file as self employeed, or even as employeed under him...which would be better and would it matter anyway due to this aos requirements? How can i get past this 3 years tax forms.

I have a cosponsor that makes 40,000+ $ yearly, so i know its enough to fully co sponsor the three of us. But is this enough to get her status adjusted even without MY tax forms?

[pushbrk 12,910]

Since you are working for someone that pays you off the books, you need to decide how to file your taxes. You could say you are self employed but the guy you work for doesn't send out 1099's. Then file a tax return with your income and expenses. Technically this guy you work for is breaking the law by not give you a W-2 for your wages. This is a common problem. You should seek professional tax advice. It might make some of your problems go away depending upon the amount of income.

Otherwise, you need to find someone that is willing to accept the responsibility of sponsoring your fiancee. Investigate that responsibility first before asking someone.

honestly, im bummed out. Ive only had this job for maybe 9 months, so even if i was working legit taxes it appears that we still wouldnt be able to get married per the AOS requirements of 3 years tax returns.

So lets say i file as self employeed, or even as employeed under him...which would be better and would it matter anyway due to this aos requirements? How can i get past this 3 years tax forms.

I have a cosponsor that makes 40,000+ $ yearly, so i know its enough to fully co sponsor the three of us. But is this enough to get her status adjusted even without MY tax forms?

You would be wise to use the joint sponsor.

[payxibka 10,045]

honestly, im bummed out. Ive only had this job for maybe 9 months, so even if i was working legit taxes it appears that we still wouldnt be able to get married per the AOS requirements of 3 years tax returns.

What three year tax return requirement are you referring to for AOS? I look at the I-864 and it says:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

[athena_ny 1]

I used my mom as a cosponsor, and while I had 3 years of tax returns (which was listed on my interview letter even though the IO didn't look at it), it does say that if you didn't file, you need to cite the tax code concerning why you didn't. So if you weren't working, and you're asked for 2 more years' worth for the interview, find the tax code saying why you didn't have to file.

No one is saying you have to wait 3 years to get married. I made under the amount last tax year and while I could have proven I made more, my job was not stable so I used my mother - they didn't even want all three years for her, the IO just wanted last year's since she made more than enough to sponsor my husband.

If you're getting paid cash, you can still pay your taxes - in the end, they are YOUR taxes. Figure out how to be responsible for it. Go see a tax professional.

But if you have a co-sponsor, I do fail to see what the problem is.

[Just Cool 0]

I used my mom as a cosponsor, and while I had 3 years of tax returns (which was listed on my interview letter even though the IO didn't look at it), it does say that if you didn't file, you need to cite the tax code concerning why you didn't. So if you weren't working, and you're asked for 2 more years' worth for the interview, find the tax code saying why you didn't have to file.

No one is saying you have to wait 3 years to get married. I made under the amount last tax year and while I could have proven I made more, my job was not stable so I used my mother - they didn't even want all three years for her, the IO just wanted last year's since she made more than enough to sponsor my husband.

If you're getting paid cash, you can still pay your taxes - in the end, they are YOUR taxes. Figure out how to be responsible for it. Go see a tax professional.

But if you have a co-sponsor, I do fail to see what the problem is.

Maybe it will work if there is a tax code - 'didnt file because didnt earn steady income from jobs.'

But is it possible for me to just not even send any tax info, just banking info and file with a cosponsor who provides the tax info. Thats the only way i can see it working.

[Just Cool 0]

I used my mom as a cosponsor, and while I had 3 years of tax returns (which was listed on my interview letter even though the IO didn't look at it), it does say that if you didn't file, you need to cite the tax code concerning why you didn't. So if you weren't working, and you're asked for 2 more years' worth for the interview, find the tax code saying why you didn't have to file.

No one is saying you have to wait 3 years to get married. I made under the amount last tax year and while I could have proven I made more, my job was not stable so I used my mother - they didn't even want all three years for her, the IO just wanted last year's since she made more than enough to sponsor my husband.

If you're getting paid cash, you can still pay your taxes - in the end, they are YOUR taxes. Figure out how to be responsible for it. Go see a tax professional.

But if you have a co-sponsor, I do fail to see what the problem is.

Maybe it will work if there is a tax code - 'didnt file because didnt earn steady income from jobs.'

But is it possible for me to just not even send any tax info, just banking info and file with a cosponsor who provides the tax info. Thats the only way i can see it working.

SO can anyone reply to my last comment...

[pushbrk 12,910]

I used my mom as a cosponsor, and while I had 3 years of tax returns (which was listed on my interview letter even though the IO didn't look at it), it does say that if you didn't file, you need to cite the tax code concerning why you didn't. So if you weren't working, and you're asked for 2 more years' worth for the interview, find the tax code saying why you didn't have to file.

No one is saying you have to wait 3 years to get married. I made under the amount last tax year and while I could have proven I made more, my job was not stable so I used my mother - they didn't even want all three years for her, the IO just wanted last year's since she made more than enough to sponsor my husband.

If you're getting paid cash, you can still pay your taxes - in the end, they are YOUR taxes. Figure out how to be responsible for it. Go see a tax professional.

But if you have a co-sponsor, I do fail to see what the problem is.

Maybe it will work if there is a tax code - 'didnt file because didnt earn steady income from jobs.'

But is it possible for me to just not even send any tax info, just banking info and file with a cosponsor who provides the tax info. Thats the only way i can see it working.

SO can anyone reply to my last comment...

Of course it's possible. It is not the correct procedure. If you didn't earn enough to require you to file, say so. Steady income isn't the issue. If you earned the minimum amount that requires you to file a tax return, you file a tax return. If not, then you didn't file a tax return because your income was below $X.

[athena_ny 1]

I used my mom as a cosponsor, and while I had 3 years of tax returns (which was listed on my interview letter even though the IO didn't look at it), it does say that if you didn't file, you need to cite the tax code concerning why you didn't. So if you weren't working, and you're asked for 2 more years' worth for the interview, find the tax code saying why you didn't have to file.

No one is saying you have to wait 3 years to get married. I made under the amount last tax year and while I could have proven I made more, my job was not stable so I used my mother - they didn't even want all three years for her, the IO just wanted last year's since she made more than enough to sponsor my husband.

If you're getting paid cash, you can still pay your taxes - in the end, they are YOUR taxes. Figure out how to be responsible for it. Go see a tax professional.

But if you have a co-sponsor, I do fail to see what the problem is.

Maybe it will work if there is a tax code - 'didnt file because didnt earn steady income from jobs.'

But is it possible for me to just not even send any tax info, just banking info and file with a cosponsor who provides the tax info. Thats the only way i can see it working.

SO can anyone reply to my last comment...

Steady income has nothing to do with it - you can only not file if you made below the required amount. If you made more than the amount required for you to not file, whether it be from 20 jobs or 1 job, you have to submit a tax return with the immigration forms. If you don't, you'll be RFE'd for them. There is no way around it.

[Just Cool 0]

I used my mom as a cosponsor, and while I had 3 years of tax returns (which was listed on my interview letter even though the IO didn't look at it), it does say that if you didn't file, you need to cite the tax code concerning why you didn't. So if you weren't working, and you're asked for 2 more years' worth for the interview, find the tax code saying why you didn't have to file.

No one is saying you have to wait 3 years to get married. I made under the amount last tax year and while I could have proven I made more, my job was not stable so I used my mother - they didn't even want all three years for her, the IO just wanted last year's since she made more than enough to sponsor my husband.

If you're getting paid cash, you can still pay your taxes - in the end, they are YOUR taxes. Figure out how to be responsible for it. Go see a tax professional.

But if you have a co-sponsor, I do fail to see what the problem is.

Maybe it will work if there is a tax code - 'didnt file because didnt earn steady income from jobs.'

But is it possible for me to just not even send any tax info, just banking info and file with a cosponsor who provides the tax info. Thats the only way i can see it working.

SO can anyone reply to my last comment...

Steady income has nothing to do with it - you can only not file if you made below the required amount. If you made more than the amount required for you to not file, whether it be from 20 jobs or 1 job, you have to submit a tax return with the immigration forms. If you don't, you'll be RFE'd for them. There is no way around it.

Ok great, this is useful information.

Pretty much now all i need to know is...whats the amount cutoff that requires a tax return to be filed.

Plus, can anyone else comfirm what MEOX MIX has just said to be true, that if i make over the limit and dont file, they will RFE me.