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Spouse has tax deadline extensine = we don't have tax return for 2014 yet

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Hi all,

so I arrived to USA on J1 last year, and I got married May 01 this year to my wife, US citizen. 2 years J1 rule doesn't apply.

Right now we are waiting for the marriage certificate, which takes 4-6 weeks to get in LA, and I started to prepare all the necessary documentations to file I-130 and I-485.

And when I told my wife that I need her 2014 tax return she told me, that every year she applies for extension deadline, and she files it later, around July/August. She planned to do the same this year.

My questions is, if I send the application now without 2014 tax return, but with 2014 W-2 form, her last 6 paycheck, and 2013 tax return, together with explanation of the situation, will this be enough, or will the application not be successful?

I can also add my own tax return from my paid J1 internship for 2014, my paychecks and so on if that helps in any way. I am planning to keep working in the same company as I did the internship in.

I admit this is my mistake, didn't really count with that. She has meeting with her accountant on Tuesday and she will ask him to prepare the tax return ASAP, but it could take weeks/months

My J1 expires June 31, and I can be in USA legally 1 month after expiration for travelling purposes.

thanks upfront for any help

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We had the same situation when we filed a few years ago -- I submitted to USCIS the form that showed we had filed for an extension, and we had no problems at all. Our interview was in September at the time and still hadn't filed, but breezed right through it.

We did not provide anything for the current tax year -- no W-2, no 1099, nada. Just the proof of extension. We did provide transcripts for the three previous years, however.

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We had the same situation when we filed a few years ago -- I submitted to USCIS the form that showed we had filed for an extension, and we had no problems at all. Our interview was in September at the time and still hadn't filed, but breezed right through it.

We did not provide anything for the current tax year -- no W-2, no 1099, nada. Just the proof of extension. We did provide transcripts for the three previous years, however.

Thanks a lot for answer.

Did you send with your application the tax returns for last 3 years? We were not planning on doing that, since her wage is way above the minimum needed. But since we don't have 2014 tax return, maybe it's good idea to do it.

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~~moved to AOS from student, work, and tourist visas from IR1/CR1 process and procedures~~


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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