Less than 4 hours to go - REALLY NEED ADVICE!

[NateM 0]

I apologize if this is a breech of forum etiquette, but one of my earlier threads ended in an important question, then kind of got "lost in the shuffle"... As it has now been almost 11 hours, I'm going to repost it here and slightly revise.

My wife's I-94 expires this weekend. The only way I can beat the deadline is if I mail it in less than 4 hours from now. Somebody here earlier told me I will need my last 3 year's tax returns because part of my 2008 income came from self employment. To go into all the details here would take too long - I've been up all night and can barely concentrate - but if details are needed, they can be found at the very end of my last thread (in the final post). It's not too far back. Anyway, I'm now confused whether I really need to send in 3 tax returns or just one. I only have last year's, and didn't even file the previous two years because I was abroad most of 2006 and 2007, and only worked for a week or two in the US during that time period. I'm almost certain (but not 100% positive) I made less than the amount required to file, which I believe is $550 or more.

So I'm sitting here very confused about that, behind in my work, and wondering if I can even finish getting this AOS packet assembled in decent fashion. Even if I don't need the last 3 year's tax returns, I don't know if I'll have time too add a cover sheet with contents, organize things properly, etc... Considering all of this, my main question:

Do you think it's better to file on time, but still be unsure about whether the I-894 has everything/is perfect? OR... Would it be better to try to be sure everything is as perfect as possible on the I-864 before sending it in, but have my wife go "Out of Status" for a few days (or even a week if I need to somehow get 3 tax returns)?

Once again, I have less than 4 hours before I have to mail. Please help!

[movingsoon1 0]

This is just my opinion. If you can, first calm down, take a deep breath and assemble the package. It is better to send it complete and well organized than just quickly scramble a half completed package. After you send a well organized package, I think you will feel way better that you did that.

[Mononoke28 134]

Your timeline doesn't indicate it but it sounds like you're filing for her AOS. If so, then you have nothing to worry about as long as you got married before the I-94 expired. After that you can take your time to file until you're ready, so it doesn't have to be before the 90 days expire, you can still file after that date.

Also, you only need a copy or transcripts of last year's return, you don't need to submit all three years as it's not required.

And like movingsoon1 said in the post above, take a deep breath and calm down.

Diana

P.D. One last thing:

Edited June 18, 2009 by Mononoke28

[NateM 0]

This is just my opinion. If you can, first calm down, take a deep breath and assemble the package. It is better to send it complete and well organized than just quickly scramble a half completed package. After you send a well organized package, I think you will feel way better that you did that.

I think you're probably right, but I'm just confused about this whole "Out Of Status" thing. Some people seem to think it's fine to be a little late, but others not so sure. Seems I've heard rumors that it's gotten a few people in a bit of trouble, but never any details as to how much or what kind of trouble. Does anyone know?

[Otto 83]

First - there are plenty of people who filed their AOS after the I-94 expired and were successful. Obviously sooner is better than later but if you're filing this close and don't feel 100% confident about it - why not work it out and then send it in? (Whats another couple of days/weeks?)

If you selected "Self Employed" (22b) you're instructed to submit one of several documents (see instructions for specifics) and (if you were required to but didn't) file back taxes for previous 3 years.

Since this is a requirement - it is up to you whether or not you submit an I-864 without complete supporting documents - it is likely you'd get an RFE for this - an RFE that could be prevented if you act now.

[edp333 9]

I would suggest making sure the package was complete first.

[NateM 0]

Sorry - Yes, it's for AOS

[Bobby+Umit 161]

Few days over I-94 expiring will not hurt you. Even a few weeks wouldn't hurt you.

My standard answer is to get it filed prior to that expiring, just to avoid issues with ICE, not USCIS. Only the NOA from the AOS makes you "safe".

Just file with what you have, 2008 returns(with supporting evidence), and a statement on why you didn't file 2006/07 taxes.

If they require more infor - they will RFE you, yet you will still have the NOA, so your still safe! Just answer the RFE if it happens and relax...

Don't overthink - just do.

[Eric-Pris 1,602]

I only have last year's, and didn't even file the previous two years because I was abroad most of 2006 and 2007, and only worked for a week or two in the US during that time period. I'm almost certain (but not 100% positive) I made less than the amount required to file, which I believe is $550 or more.

FYI-US citizens working abroad are still required to file a tax return.

[NateM 0]

I only have last year's, and didn't even file the previous two years because I was abroad most of 2006 and 2007, and only worked for a week or two in the US during that time period. I'm almost certain (but not 100% positive) I made less than the amount required to file, which I believe is $550 or more.

FYI-US citizens working abroad are still required to file a tax return.

Thanks for that info, but I actually wasn't working abroad. I was living off of money I had saved up prior (The US dollar goes far in Thailand even today, and went even further back when I was there).

[NVC FAN :( 18]

a little off the question asked,

here is another. why would anyone wait so long to file for aos? we are about to have our interview for k1 in manila. i plan to file for the aos within a month of her arriving.

i guess my question is , why would anyone wait till the 90 days is almost up? is there advantages or disadvantages to this?

seems to me like a k1 filer would be eager to get this whole process behind them.

[CouscousApplePie 0]

I am not to that point yet ,, but i think one major reason is $$$$$$$$$$$$$$$$$$$$$ after getting our SO here with expensive flights (one way) and then a wedding ...... it can be pricey...... plus other things to settle their lives here due to the fact they only can put their life in 2 suitcase. climate differance.. sooooooo many factors to why some couples run late to file AOS.......

I can understand the hardship this can be and my heart goes out to all of you in this stage of the process...

Take care

Amana.............

[Cuchita 1]

Yeah is not easy, plus many girls like to plan a beautiful memorable wedding and that takes time and money!. Not me thou I just wanted him to get his a$$ here asap and go to the court house.

[Bobby+Umit 161]

a little off the question asked,

here is another. why would anyone wait so long to file for aos? we are about to have our interview for k1 in manila. i plan to file for the aos within a month of her arriving.

i guess my question is , why would anyone wait till the 90 days is almost up? is there advantages or disadvantages to this?

seems to me like a k1 filer would be eager to get this whole process behind them.

Most of the "reasoning" I see on posts here concerning this is lack of money at the time. There are some posts where the people thought it was all done, once they arrived on the K-1, and got married.

Some of the cases I get the feeling the sponsor wants to extend getting the AOS out, to make sure the marriage is "ok" before they commit (864/gc/etc..).

I can personally see no advantages in waiting, only disadvantages (can't work, can't travel, ICE/Status, etc...)

I would urge anyone doing the K-1, or AOS, to save the money in the bank, as soon as you put in the petition (or start putting a little away till the visa gets approved).

I figure, the last thing you want to do is give more stress to the loved one you brought over to the states.

[Eric-Pris 1,602]

There are people who bring their fiancee over to the US with doubts about whether it will work out and they want to do a short "trial" run before they marry.

Personally, if I had doubts or thought that I needed trial time, I wouldn't even bother bringing her here.