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pepi

Affidavit of support / taxes

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Hello,

We are just filling out the AOS (K1 married) forms.

First I would like to know . How many years of tax returns must I show?

One source says one year, one says three years.

Second: We have been Married for 5 months now.

If we do not get this application filed soon, will I encounter any other problems

Thank you for your help,

Pepi

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For our AOS we sent my husbands 2005 tax return as that was that was asked. As long as you married within the allotted 90 days then you should be fine. We have been married 3 months and I was concerned that filing later would maybe affect us, but our attorney assures us that people have waited to file years later and still no questions have been asked. obviously the sooner the better, but you won't be queried I shouldn't think.

Kat


I-130 for both parents

March 28th 2013 - Priority date/ NOA 1
November 14th 2013 - Transferred to Nebraska Service Center

January 7th 2014 - Case changed online to approved for both

January 8th 2014 - case changed to shipped to NVC

January 9th 2014 - case changed to NOA 2 mailed

January 10th 2014 - Received the hardcopy of the NOA 2 stating that NVC would issue a case number in 30 days approx.

January 21st 2014 - Case Received at NVC

February 26th 2014 - Case numbers and IIN number received - Wrong embassy code assigned...now waiting for new case numbers.

March 3rd 2014 - Filled in DS-261 for both parents

March 5th 2014- AOS available, paid and submitted AOS packet.

March 6th 2014 - USPS shows packet was delivered at NVC

March 10th 2014 - AOS shows as paid in the CEAC portal/AOS logged into system as being received by NVC.

March 11th 2014 - New case number assigned for my Dad.

March 20th 2014 - Paid IV fee for my Mum.

March 25th 2014 - AOS accepted by NVC with no checklist.

March 26th 2014 - Filled in and submitted DS-260 for my Mum

March 31st 2014 - AOS found in my Mum's file for my Dad - accepted and placed into his file/IV fee available for my Dad and Paid.

April 1st - Mailed all civil documents to NVC for both parents.

April 3rd: IV fee shows as paid in portal/submitted DS-260 for my Dad.

April 22nd: checklist issued for civil documents - NVC error ...

April 23rd: sent another certified copy of my marriage certificate

April 24th: Case complete! :)

April 30th 2014 - Medical scheduled for parents at Knightsbridge in London

June 11th: Interview at London Embassy - Approved :)

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Pepi,

First - 1 year. Unless you have the misfortune to have someone look at your case who isn't up to date on the changed requirement.

Second - maybe. You may be approaching the 3-year ban mark should you wish to leave and re-enter the USA prior to completing adjustment.

Yodrak

Hello,

We are just filling out the AOS (K1 married) forms.

First I would like to know . How many years of tax returns must I show?

One source says one year, one says three years.

Second: We have been Married for 5 months now.

If we do not get this application filed soon, will I encounter any other problems

Thank you for your help,

Pepi

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You only have to submit a single year of tax returns. The law says 3 years, but leaves the USCIS with power of discretion. Recently an order was issued that said that only a single year would be required by the agency.

As for the second question....I don't have specific information but as far as I know you shouldn't have any problems as long as the marriage took place within the 90 days allotted. I'm not sure if the out-of-status provisions are applicable after a certain number of days after the I-94 expiration date....I would be interested in any resources others might be able to point to regarding that subject.

In any case, even if out-of-status time is accumulated (which I don't know if it would be or not), it is forgiven in the process of filing AOS by way of marriage to a USC so it is a moot point so long as the initial entry was legal and the marriage was not performed for the purpose of evading immigration law.


Kseniya (Ukraine) and Gary (USA)

05-27-2005 I-129F package arrives at TSC signed for by "M.S."

...A bunch of waiting and worrying...

10-14-2005 Passport with K-1 Visa delivered

02-14-2006 Everyone is home!

03-04-2006 Wedding date!

07-25-2006 AOS/AP package FINALLY completed and sent

08-04-2006 AOS/AP NOA's received

11-06-2006 Interview Successful!

11-13-2006 Welcome to America letter received

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