Have to be tax returns for I-864?

[james_michael_hill 0]

Hey,

Am hoping someone can help me with this asap - we got married a week ago and am now trying to fill in all the paperwork for adjustment of status. My American wife is currently trying to fill in the I-864 but she doesn't have a tax return for the last year. Even though she doesn't earn enough to support me, I take it she still needs these to prove this? Or would a W2 be enough proof, as she already has one of these?

My joint sponsor is my father-in-law who does earn enough to support us, but also only has W2's and no tax returns (he hasn't got round to filing them!) Again, does the evidence have to be a tax return?

My K1 visa expires in a weeks time so am really not sure what to do. How long does it take to get a tax return? Would I be better off just sending in all the paperwork this week with just the W2's or would I be better off becoming out-of-status?

I'm sorry if this doesnt make perfect sense but I've been trying to sort this out all day and my brain is kind of frazzled.

Thanks in advance,

James

[Miriam n Alain 3]

Hey,

Am hoping someone can help me with this asap - we got married a week ago and am now trying to fill in all the paperwork for adjustment of status. My American wife is currently trying to fill in the I-864 but she doesn't have a tax return for the last year. Even though she doesn't earn enough to support me, I take it she still needs these to prove this? Or would a W2 be enough proof, as she already has one of these?

My joint sponsor is my father-in-law who does earn enough to support us, but also only has W2's and no tax returns (he hasn't got round to filing them!) Again, does the evidence have to be a tax return?

My K1 visa expires in a weeks time so am really not sure what to do. How long does it take to get a tax return? Would I be better off just sending in all the paperwork this week with just the W2's or would I be better off becoming out-of-status?

I'm sorry if this doesnt make perfect sense but I've been trying to sort this out all day and my brain is kind of frazzled.

Thanks in advance,

James

If you dont do you tax return then you have to send a letter stating why you are excussed from filling your taxes if your not legaly excussed then she has to wait to fill here taxes but its way past tax sesson and shes going to have to wait till tax sesson next year to fill. The Petitioner ( your wife has to be a sponser even if she is going to use a joint sponser she has to be the primery sponser but the only way she can sponser you is if she has here tax returns at least thats how it is for the CR-1 visa and i can imagian that its the same ( someone please correct me if im wrong )

Miriam

[Britchick 0]

Hey,

Am hoping someone can help me with this asap - we got married a week ago and am now trying to fill in all the paperwork for adjustment of status. My American wife is currently trying to fill in the I-864 but she doesn't have a tax return for the last year. Even though she doesn't earn enough to support me, I take it she still needs these to prove this? Or would a W2 be enough proof, as she already has one of these?

My joint sponsor is my father-in-law who does earn enough to support us, but also only has W2's and no tax returns (he hasn't got round to filing them!) Again, does the evidence have to be a tax return?

My K1 visa expires in a weeks time so am really not sure what to do. How long does it take to get a tax return? Would I be better off just sending in all the paperwork this week with just the W2's or would I be better off becoming out-of-status?

I'm sorry if this doesnt make perfect sense but I've been trying to sort this out all day and my brain is kind of frazzled.

Thanks in advance,

James

I'd send what you have to ensure u are not out of status....then deal with the tax returns etc later

[YuAndDan 153]

I'd send what you have to ensure u are not out of status....then deal with the tax returns etc later

It is fine to go out of status for things like tax returns, waiting on a marriage cert ect, the key is to marry inside the 90 days.

Get the return filed with the IRS, then do AOS.

Edited May 13, 2007 by YuAndDan

[james_michael_hill 0]

Cheers guys. So if I was to go out of status, would I need to notify anyone about it? Would there be any repercussions later on or anything? This entire process is mad enough without USCIS having a black mark against my name!

And to clarify the whole tax thing - my wife and father-in-law will need the 1040 forms (?) and W-2 forms from the last year but preferabley from the last 3 years? And thats it? Or do they need the actual tax returns?

Thanks again,

J

[together2love 0]

Cheers guys. So if I was to go out of status, would I need to notify anyone about it? Would there be any repercussions later on or anything? This entire process is mad enough without USCIS having a black mark against my name!

And to clarify the whole tax thing - my wife and father-in-law will need the 1040 forms (?) and W-2 forms from the last year but preferabley from the last 3 years? And thats it? Or do they need the actual tax returns?

Thanks again,

J

Form 1040 is the tax return, and usually 1099s are usually attached to this form as well, which should be sent in too. One year is fine to send in, but if they have NEVER filed, (I'm not sure under what circumstances that they never needed to or haven't gotten around to filing ) then I would say that they definetly should get straight with IRS before your adjust your status with them as sponsors. You won't have a black mark against you if you file later - as long as you married within the 90 days. Your out of status will be forgiven when receiving PR.

[james_michael_hill 0]

Ok guys - I had a quick word with an immigration lawyer that is a friend of my wife's preacher. He said that while this wasn't his area of expertise, he strongly suggested not to go out of status. So I'm going to send everything in I have and wait for my RFE requesting the tax returns.

So my question is - will I recieve my new NOA1 which says I'm authorised to in the US for "a period of stay [pending a decision (though I'm not sure of this exact text) authorized by the Attorney General" first, or will I recieve the RFE first and hence still be out of status?

Hope that makes sense!

[divs76 0]

There is no deadline for filing AOS..hence going out of status could be risky when in emergencies like medical problem, legal issues etc not otherwise.

RFE generally delays the process.

Filing of Taxes is an essential part of the process.

I am currently out of status as my american husband was filing his returns fr the last two years that he has'nt.

Now he has them filed and I am about to file in my AOS.

My I 94 expired in the first week of March..

So out of status does'nt really pose a problem.

I know people who have filed in after 6 mnths, 1 year after expiry of there I 94.

Well, I am suggesting that waiting so long is good but always better to send in a complete package..

[divs76 0]

If you are submitting a copy of your return (1040), then you also need to submit supporting docs like W2 for sure, and 1099 (if applicable.)

But if you are submitting a transcript, then you do not need to submit anything along with it.

Read the instructions clearly mentioned in I 864...it says it all.

Further, you dont need to inform USCIS about your out of status.

But what i intend to do while filing my AOS is provide a letter stating the reason for the delay which in my case is the IRS tax filing for the last 2 yrs..

[KarenCee 3]

Ok guys - I had a quick word with an immigration lawyer that is a friend of my wife's preacher. He said that while this wasn't his area of expertise, he strongly suggested not to go out of status. So I'm going to send everything in I have and wait for my RFE requesting the tax returns.

So my question is - will I recieve my new NOA1 which says I'm authorised to in the US for "a period of stay [pending a decision (though I'm not sure of this exact text) authorized by the Attorney General" first, or will I recieve the RFE first and hence still be out of status?

Hope that makes sense!

If you go ahead and file AOS with what you have you will get an NOA1...but the NOA1 is just a receipt. All it is telling you is USCIS has your AOS application. Not sure what you're referring to when you mention the Attorney General. Once your AOS application has been received by USCIS, you are "AOS pending" even if you get an RFE.