Affidavit of support / taxes

[pepi 0]

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

[Collie 122]

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

[Yodrak 7]

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

[gcox457 0]

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.

[sukie175 0]

1 year only and yes you could well be heading for trouble if you don't get it in urgently.

Good Luck