Sending or not late tax filings

[porota 0]

Hi!

I just joined although I've been a visitor for months ago...

Well, to the point:

My husband and I (he's the citizen) got married a month ago, and my B2 visa (the I-94) will be expired this Saturday. Y had all the paperwork done amonth ago, but he doesn't relate well with bureaucracy, so he discovered 3 weeks ago that he have to have the "tax return transcript documenting the late filing" of 2006 and 2005. Moreover, he hadn't even filed those taxes. So, he sent the files, the check was charged and he called last Thursday to ask for the transcripts, they should arrive by next Friday.

So, my question is: should we just send all the forms (I-130, I-485, etc) BEFORE my I-94 expires, this saturday, or should we wait until we have the transcripts? I don't wanna feel (and actually BE) illegal! I've read it's not a big issue, specially if we are filing one week late, but I just don't like the idea...

And that phrase of the transcripts for late filing was hidden in a big paragraph in the middle of the instructions... any advise?

THANKS!

[spookyturtle 9,465]

Hi!

I just joined although I've been a visitor for months ago...

Well, to the point:

My husband and I (he's the citizen) got married a month ago, and my B2 visa (the I-94) will be expired this Saturday. Y had all the paperwork done amonth ago, but he doesn't relate well with bureaucracy, so he discovered 3 weeks ago that he have to have the "tax return transcript documenting the late filing" of 2006 and 2005. Moreover, he hadn't even filed those taxes. So, he sent the files, the check was charged and he called last Thursday to ask for the transcripts, they should arrive by next Friday.

So, my question is: should we just send all the forms (I-130, I-485, etc) BEFORE my I-94 expires, this saturday, or should we wait until we have the transcripts? I don't wanna feel (and actually BE) illegal! I've read it's not a big issue, specially if we are filing one week late, but I just don't like the idea...

And that phrase of the transcripts for late filing was hidden in a big paragraph in the middle of the instructions... any advise?

THANKS!

I would wait and file everything together as you will get a Request for Evidence if you don't submit the tax returns. And regardless ,if you do this before your I-94 expires or not, you will be out of status when Saturday arrives. Don't worry about it.

[Dakine 26]

Hi!

I just joined although I've been a visitor for months ago...

Well, to the point:

My husband and I (he's the citizen) got married a month ago, and my B2 visa (the I-94) will be expired this Saturday. Y had all the paperwork done amonth ago, but he doesn't relate well with bureaucracy, so he discovered 3 weeks ago that he have to have the "tax return transcript documenting the late filing" of 2006 and 2005. Moreover, he hadn't even filed those taxes. So, he sent the files, the check was charged and he called last Thursday to ask for the transcripts, they should arrive by next Friday.

So, my question is: should we just send all the forms (I-130, I-485, etc) BEFORE my I-94 expires, this saturday, or should we wait until we have the transcripts? I don't wanna feel (and actually BE) illegal! I've read it's not a big issue, specially if we are filing one week late, but I just don't like the idea...

And that phrase of the transcripts for late filing was hidden in a big paragraph in the middle of the instructions... any advise?

THANKS!

I would wait and file everything together as you will get a Request for Evidence if you don't submit the tax returns. And regardless ,if you do this before your I-94 expires or not, you will be out of status when Saturday arrives. Don't worry about it.

If he just recently filed his taxes he'll be lucky if he gets the transcripts for awhile as it takes quite awhile to get them in the data system.

[porota 0]

Hi!

I just joined although I've been a visitor for months ago...

Well, to the point:

My husband and I (he's the citizen) got married a month ago, and my B2 visa (the I-94) will be expired this Saturday. Y had all the paperwork done amonth ago, but he doesn't relate well with bureaucracy, so he discovered 3 weeks ago that he have to have the "tax return transcript documenting the late filing" of 2006 and 2005. Moreover, he hadn't even filed those taxes. So, he sent the files, the check was charged and he called last Thursday to ask for the transcripts, they should arrive by next Friday.

So, my question is: should we just send all the forms (I-130, I-485, etc) BEFORE my I-94 expires, this saturday, or should we wait until we have the transcripts? I don't wanna feel (and actually BE) illegal! I've read it's not a big issue, specially if we are filing one week late, but I just don't like the idea...

And that phrase of the transcripts for late filing was hidden in a big paragraph in the middle of the instructions... any advise?

THANKS!

I would wait and file everything together as you will get a Request for Evidence if you don't submit the tax returns. And regardless ,if you do this before your I-94 expires or not, you will be out of status when Saturday arrives. Don't worry about it.

If he just recently filed his taxes he'll be lucky if he gets the transcripts for awhile as it takes quite awhile to get them in the data system.

Well, when he called they didn't say no... they were on the phone for about an hour, but they said a week or little more t get the papers...

[porota 0]

But I will be on time if I send the package on Saturday! Even if they open it later, is a psychological factor. I've heard there is no problem with beeing late a week or so, it's just I don't wanna have any trouble... but yeah, I suppose it's better to send it late than get delayed with the Request for Evidence...

[spookyturtle 9,465]

But I will be on time if I send the package on Saturday! Even if they open it later, is a psychological factor. I've heard there is no problem with beeing late a week or so, it's just I don't wanna have any trouble... but yeah, I suppose it's better to send it late than get delayed with the Request for Evidence...

You can look at it anyway you like, but you will be out of status when your I-94 expires Saturday, even if you file before that date. You will not be in the system that fast and will not have a receipt notice for your filing. Relax, send them all the required information at one time. Why wait for months and have them send a RFE and delay your case for months over something that is so simple to correct. Also, you can photo copy the tax forms that were submitted to the IRS, you do not have to send transcripts.

[sweetpiano 0]

Yeah, why don't you send copies of the filed tax returns along with the supporting tax documentation (w-2 etc.) instead of waiting for the transcripts?

[porota 0]

Because that's what the instructions say. Since he just filed it he has to send the transcripts, maybe due to the delay that you are talking about in the IRS to reflect the filings in their systems... I imagine they will look in the screen for his taxes and maybe (since he just filed them) it will appear undone for the previous years, until who knows when.

The thing is, in the I-485, they ask for "Current USCIS Status".... what I'm going to say?? "illegal"?? or just leave it B2?

Thanks for your answers guys!

[porota 0]

Well!

So, the transcripts just arrived - a week later, exactly. But, as Haole suggested, they don't have the late filing in system yet, so the transcripts for 2006 and 2005 only say "no record of return filed".... Ooohhhhhh

So, we decided to just send all we have and see what happens because we don't know how long they will actually take to "record" the late filing. Hopefully the USCIS will ask for that transcripts (if they do) in a couple of months.

We'll see!

Thanks again for the chat!

[spookyturtle 9,465]

Because that's what the instructions say. Since he just filed it he has to send the transcripts, maybe due to the delay that you are talking about in the IRS to reflect the filings in their systems... I imagine they will look in the screen for his taxes and maybe (since he just filed them) it will appear undone for the previous years, until who knows when.

The thing is, in the I-485, they ask for "Current USCIS Status".... what I'm going to say?? "illegal"?? or just leave it B2?

Thanks for your answers guys!

Your status is currently B-2. After Saturday, you are B-2 out of status. The important thing to remember is that you entered on a legal visa. According to what you have posted, you were married about 5 months after you entered the US. Did you meet your husband during this time or did you know him from a prior visit? Make sure that it doesn't look like you entered on a visitors visa with the intent to marry. That is a far greater concern than being out of status for a few weeks while you wait for tax transcripts.

[spookyturtle 9,465]

Well!

So, the transcripts just arrived - a week later, exactly. But, as Haole suggested, they don't have the late filing in system yet, so the transcripts for 2006 and 2005 only say "no record of return filed".... Ooohhhhhh

So, we decided to just send all we have and see what happens because we don't know how long they will actually take to "record" the late filing. Hopefully the USCIS will ask for that transcripts (if they do) in a couple of months.

We'll see!

Thanks again for the chat!

You will surely get a RFE as the tax information is a required part of the I-864 Affidavit of support. This will merely delay processing of your AOS. Again, it shouldn't cause any problems or anything to worry about. Good luck!

[porota 0]

Because that's what the instructions say. Since he just filed it he has to send the transcripts, maybe due to the delay that you are talking about in the IRS to reflect the filings in their systems... I imagine they will look in the screen for his taxes and maybe (since he just filed them) it will appear undone for the previous years, until who knows when.

The thing is, in the I-485, they ask for "Current USCIS Status".... what I'm going to say?? "illegal"?? or just leave it B2?

Thanks for your answers guys!

Your status is currently B-2. After Saturday, you are B-2 out of status. The important thing to remember is that you entered on a legal visa. According to what you have posted, you were married about 5 months after you entered the US. Did you meet your husband during this time or did you know him from a prior visit? Make sure that it doesn't look like you entered on a visitors visa with the intent to marry. That is a far greater concern than being out of status for a few weeks while you wait for tax transcripts.

No, I don't think that's going to be a problem. That wasn't the intention - we thought we were moving out to Chile together, but he got a better gob so we decided we can make better money here first, and then move down there. I even have my bank account and assets there. I think that should be enough, isn't it?

I meant better JOB, .

[spookyturtle 9,465]

Because that's what the instructions say. Since he just filed it he has to send the transcripts, maybe due to the delay that you are talking about in the IRS to reflect the filings in their systems... I imagine they will look in the screen for his taxes and maybe (since he just filed them) it will appear undone for the previous years, until who knows when.

The thing is, in the I-485, they ask for "Current USCIS Status".... what I'm going to say?? "illegal"?? or just leave it B2?

Thanks for your answers guys!

Your status is currently B-2. After Saturday, you are B-2 out of status. The important thing to remember is that you entered on a legal visa. According to what you have posted, you were married about 5 months after you entered the US. Did you meet your husband during this time or did you know him from a prior visit? Make sure that it doesn't look like you entered on a visitors visa with the intent to marry. That is a far greater concern than being out of status for a few weeks while you wait for tax transcripts.

No, I don't think that's going to be a problem. That wasn't the intention - we thought we were moving out to Chile together, but he got a better gob so we decided we can make better money here first, and then move down there. I even have my bank account and assets there. I think that should be enough, isn't it?

I meant better JOB, .

Again, you should be fine. I don't know the details of your case, so I just wanted to make you aware of entering with the intent to marry on a tourist visa. If you were here for 5 months before you married, there shouldn't be any problems.

[porota 0]

Thanks spookyturtle!

[Dakine 26]

Who knows? You May get lucky. Someone claimed their petition was transfered to California and approved without having submitted their tax returns!!!

Only took 3 months also.

That's what I call being lucky!!