Financial requirements for AOS after K1

[ZoeUK1989 35]

Hey, Please can someone help me.

I am a little stuck when it comes to the AOS and the financial requirements. Here's the situation...

My fiance was a student worker in 2015 so earned way below the required amount. In February 2016 she started a full time job that paid above the 125% poverty guideline. We have gone through the K1 process and I received my Visa in the mail today. For the interview for K1 we provided her most recent tax return that was under the 100% let alone the 125%, pay stubs x 6 (weekly) and letter from the employer. This was obviously enough for the K1 but i have heard they are stricter for the AOS.

When we file for the AOS this will be done right before her 2016 taxes will have been filed.

Will the fact that her most recent tax return that she has to hand over to them at this time is below the 125% cause an issue?

She will obviously provide all tax returns that she has and proof of employment, pay stubs and bank statements to show deposits. Our concern is that it will come back because we will be filing for AOS maybe a month before the taxes are filed so she won't have 2016's tax return to give to them until just after the AOS has been sent.

Has anyone filed AOS just before the taxes have been filed that can tell me what happened to them?

Has anyone had a low income on the most recent tax return but still managed to get through the AOS with the employer letter, pay stubs, tax returns and bank statements?

She started this job in July 2016 so when filing for AOS she will have been in this position for around 7-9 months depending on when we file.

If anyone has been in this situation please let me know. We really don't want to use a co-sponsor when she earns enough but need to put all our ducks in a row.

Thanks

[A'n'L 735]

The letter of employment and pay stubs will again be sufficient proof.

[MariaR323 199]

If you got thru the K-1 phase with that, it sounds like you should be ok for AOS. I personally like to err on the safe side so I would probably include an attachment (letter) to the I-864 explaining the lower income due to school, just graduated, have a good job now, etc. etc.

If you're only a couple days shy from filing the tax return to filing the AOS package, I also would likely wait until I filed the tax return and then include that with the I-864 backup documents.

[ZoeUK1989 35]

I think this is what my Fiance would like to do as in wait until she has filed that tax return however I know she doesn't want to wait any longer for me to come out. I believe the taxes have to be done by the 1st of April and the date I am looking at going out will mean my 90 days is up on the 14th April. I think she just wants to file the AOS and get the ball rolling as we were going to file it pretty much as soon as we were married.

The only reason I ask is because I have heard or read a few people's stories on here of receiving an RFE for the income requirements even though they earn enough. Problem is they are not very informative of the evidence that they sent in. So for example they are not telling anyone on VJ that they supplied anything other than 1 tax return that was too low and the affidavit of support.

I guess worst case scenario would be they send an RFE for the most recent tax return right? Which she would more than likely have by the time they requested it from her.

She is a little worried about this I think as she really doesn't want to ask anyone to co-sponsor and she obviously doesn't want me deported because she didn't meet the requirements of the 2015 tax return.

[MariaR323 199]

The 2016 tax filing deadline is April 18th, 2017.

A couple things, your 90 days requirement to get married is just that - meaning you only have to get married within 90 days of your entry into the U.S. You can file AOS anytime after you get married even if it's past 90 days. You won't get deported and any overstay is forgiven. (Try to keep it under 180 days - that's the "general rule".)

I've read a good number of people who have gotten RFEs for the I-864, even though they meet the income requirement - but yes, they do seem to like to look at the income level on the last filed tax return. This is why I suggested to include an attachment but I also would highly recommend to simply wait to file the AOS until after the tax return is completed and filed.

Tax filing opens up on January 23rd, she can prepare and file her return any day from then on. She doesn't even have to wait for an official transcript since she can just print a copy of the entire tax return, including forms, and send that in.

And yes, worst case scenario, you get an RFE either asking for the tax return or asking for a cosponsor because keep in mind it's also up to the discretion of the officer reviewing your case whether or not what you've submitted satisfies their requirements.

[Pitaya 2,576]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS-related process~

[fishe23a 240]

What MariaR323 said. Your fiancée can file taxes at the end of January. The first day opening for tax filing this year is January 23rd; there is no reason for her not to do that immediately on that day or that week. The absolute LATEST she can file her taxes is April 18th, 2017. (Every year it is the 15th of April, with an adjustment if the 15th falls over a weekend.) If she files in January, like I do every year, she will have everything squared away well before you come. I wish you luck on your journey!

[ZoeUK1989 35]

Thank you!

She mentioned something about it depends on when she receives everything from her employer so she can file.

Because in the UK we don't really touch our taxes it is all done for us I have no idea what she is talking about haha.

I know if she can file them before hand she will do as she feels this is best.

Thanks again for the advice

[fishe23a 240]

Ah - that is indeed true. Some employers are not as much on top of their game and do not release the proper information to file taxes right away. I hope hers does quickly!

[DelilahBrz 48]

W2s & 1099s should be sent by January 30th. (One of these is the form she most likely is referring she is waiting for)

I'm an independent contractor, and have never gotten a 1099 past that date.

Edited December 18, 2016 by DelilahBrz

[ZoeUK1989 35]

It is her first time filing taxes when working for this company so we shall see how on the ball they are

I think if he has what she needs to be able to file prior to sending the AOS she most definitley will. I think this along with other things she will be sending is just better proof of her income

Thanks again everyone