Only have one year of tax return

[Luke]

I have all the necessary paper works and forms filled out but I only have the federal tax return for 2004, I'm in the process of completing the returns for 2002 and 2003 (It is a long story why I haven't done the other two years).

 

I understand the returns for the latest three years are required for AOS, I have three qestions and I need your ugent help:

 

1) Should I submit the AOS anyway with just one year return in order to beat the 90-day K1 dealline, and for her to stay "in status", and then submit the missing two returns before USCIS ask for them.

 

2) Should I wait for the RFE before sending in the missing tax returns.

 

3) Or, should I wait till I have all three tax returns ready (in about two weeks), then send in the AOS.

 

The 90-day deadline is coming up this week, PLEASE HELP!!

[Guest Gene]

Welcome Aboard Luke

 

I understand you have to be married in 90 days, but I thought there was a little leway in the filing AOS part

[LeeFisher3]

To avoid the issue of an RFE and such I'd say get your taxes done so you can provide all of the required documents with the AOS filing.

 

The 90 day deadline was to get married if your SO arrived on a K-1 visa, it does not appear that AOS filing is required under that time frame, just as quickly as possible. For instance if you were married on day 90 it would take 2-3 weeks before you would be able to get your marriage certificate back from the state.

 

So just relax and get your paperwork in order so it will flow through the system as smoothly as possible.

[yave20b]

To avoid the issue of an RFE and such I'd say get your taxes done so you can provide all of the required documents with the AOS filing.

 

The 90 day deadline was to get married if your SO arrived on a K-1 visa, it does not appear that AOS filing is required under that time frame, just as quickly as possible. For instance if you were married on day 90 it would take 2-3 weeks before you would be able to get your marriage certificate back from the state.

 

So just relax and get your paperwork in order so it will flow through the system as smoothly as possible.

150723[/snapback]

Yeh I don't think you have to have your I-485 in their hands exactly 90 days after she arrives on the K-1. Better to try and get the "tax receipts" which are sometimes called "tax printouts" from the IRS before you send in your I-485. Its free and it takes only about 2 weeks tops for them to send to you. In the past year I requested them twice. The first time took only 1 week. Then I just requested the year 2004, which was not available until August and it took about 2 weeks. If you try to get the complete copies of your past 1040s it will take months.

[frank1538]

As others have said, the 90 day deadline is not a drop dead date. While, technically, your wife will be out of status until she files for AOS, I've never heard of any adverse consequences as a result of filing AOS after 90 days.

 

I would be inclined to wait until the tax returns are filed before filing the AOS

[Luke]

Thanks for all the great advices. I'll get all my returns ready before filing the AOS.

[HanLi]

Luke,

 

Take a breath.... relax, you have been given some good advice here, and it looks like you are going to take it... check and re-check all the documents you are going to file and make copies of all.

 

good luck!

[yave20b]

The quickest way I found to get the "tax receipts" from the IRS for the past 3 years of income tax is to download form "4506-T" from the IRS Web site. You fill out one page, sign it, and fax it to the IRS. On the instruction sheet it lists the fax numbers of the IRS offices in your jurisdiction. Its free.