AOS, EAD & AP from K1 - the Aussie way (doc list included)

[RUSSandRACHEL 3]

What a fantastic thread Vanessa! Not just for Aussies! I will definitely be following this in the coming weeks!

Just one thing though, when I recently looked at the I-864 here on the VJ guides, it says the following on Question 25, which you tick.

Federal income tax return information.

I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year.

OR

(Optional) I have attached photocopies or transcripts of my Federal tax returns for my second and third most recent tax years.

This means that you don't have to send all three years worth of tax retruns, only the most recent. Its optional to send all three if you really want to.

Edited May 10, 2010 by RUSSandRACHEL

[VanessaTony 3,567]

Just curious, does it cost anything....????

Does what cost anything?

What a fantastic thread Vanessa! Not just for Aussies! I will definitely be following this in the coming weeks!

Just one thing though, when I recently looked at the I-864 here on the VJ guides, it says the following on Question 25, which you tick.

Federal income tax return information.

I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year.

OR

(Optional) I have attached photocopies or transcripts of my Federal tax returns for my second and third most recent tax years.

This means that you don't have to send all three years worth of tax retruns, only the most recent. Its optional to send all three if you really want to.

True. I'll see about amending the OP Thanks for bringing this to my attention. I sent the last three so it was from my cover letter, didn't think to change it

**edit - done. Have a look and see if you like it

Edited May 10, 2010 by Vanessa&Tony

[alex and astrid 38]

True. I'll see about amending the OP Thanks for bringing this to my attention. I sent the last three so it was from my cover letter, didn't think to change it

**edit - done. Have a look and see if you like it

We got confused when we did the I-864 too. From what I remember, when we read the instructions it said that if you had actual transcripts, you can just send the previous year. But, if you were doing what we did, and were sending printouts from TurboTax or other tax preparation software, you had to send in the last three years.

[RUSSandRACHEL 3]

I see 'note 3', thank you!!! Does it also help to have an employers letter (as we had for K1) because obv the last three years does not reflect Russ' earnings right now? And also do we need payslips? - Sorry if you've put that, but I missed it (so much to read)

[alex and astrid 38]

I see 'note 3', thank you!!! Does it also help to have an employers letter (as we had for K1) because obv the last three years does not reflect Russ' earnings right now? And also do we need payslips? - Sorry if you've put that, but I missed it (so much to read)

Alex included a letter from his employer and about three months of payslips. He has worked at the same job for six years though, so his payslips were all the same! I don't think it matters if you don't get the letter, the tax returns are the most important. If they demonstrate that he makes over the 125% of the poverty line, you are good.

[VanessaTony 3,567]

I see 'note 3', thank you!!! Does it also help to have an employers letter (as we had for K1) because obv the last three years does not reflect Russ' earnings right now? And also do we need payslips? - Sorry if you've put that, but I missed it (so much to read)

Alex included a letter from his employer and about three months of payslips. He has worked at the same job for six years though, so his payslips were all the same! I don't think it matters if you don't get the letter, the tax returns are the most important. If they demonstrate that he makes over the 125% of the poverty line, you are good.

On Page 7 of the instructions, section 23,:

"You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a Government official. For example, you may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary. You may also provide pay stub(s) showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income,or income from any other source, you may also include evidence of that income."

So you can if you want, like maybe if you think that his current income is "too close" to the limit or something, but you don't need to.

I personally didn't send anything like that. I simply sent IRS transcripts for the last 3 years. My husband's over the limit (not by a drastic amount, but still over ) so we didn't bother. If you're concerned though, as it says above, you CAN send it, it certainly wouldn't hurt

[~ameriptian~ 54]

Excellent thread!! We are currently preparing for AOS and will absolutely go to the thread often! Great job, Vanessa!

Aya

[Kristin&David 0]

This is such a great thread with sooo much information, I will definitely be making use of it over the next month or two! My fiance just got his K-1 last week and we have a ticket to the US for him on June 23rd. Our wedding isn't until August 6 but we've been considering getting legaly married the week he arrives just to get the AOS/EAD paperwork underway as soon as possible. Has anyone here done this themselves?

Edited May 12, 2010 by Kristin&David

[~ameriptian~ 54]

This is such a great thread with sooo much information, I will definitely be making use of it over the next month or two! My fiance just got his K-1 last week and we have a ticket to the US for him on June 23rd. Our wedding isn't until August 6 but we've been considering getting legaly married the week he arrives just to get the AOS/EAD paperwork underway as soon as possible. Has anyone here done this themselves?

We just got legally married on May 3rd and will have our wedding in March 2011.

Aya

[VanessaTony 3,567]

This is such a great thread with sooo much information, I will definitely be making use of it over the next month or two! My fiance just got his K-1 last week and we have a ticket to the US for him on June 23rd. Our wedding isn't until August 6 but we've been considering getting legaly married the week he arrives just to get the AOS/EAD paperwork underway as soon as possible. Has anyone here done this themselves?

First, CONGRATS on the K1 approval

I personally didn't get legally married first, but there have been several threads talking about it (overs the months etc) and it appears a lot of people have done it that way. That way you can focus on planning the "big wedding" while USCIS handles your paperwork. Give you something "fun" to focus on while waiting.

Don't forget that he should try and apply for his SSN about 2 weeks after he arrives (there's a guide in the guides section). I know I personally liked getting the whole "being American" thing started, and I also needed it to open my own bank account. From what I hear you don't need one to be ADDED to an account but I opened my own. Also, some health insurers need a SSN for people to be added. This is all to help you both with the AOS evidence should you get an interview (not all K1's do, you have a 50/50 chance).

So congrats again and i'm glad this thread is helpful to you

Excellent thread!! We are currently preparing for AOS and will absolutely go to the thread often! Great job, Vanessa!

Aya

Thanks Congrats on starting the next process soon

[Kristin&David 0]

First, CONGRATS on the K1 approval

Thanks!

Now on the SS application form it says "If you are not a U.S. citizen and do not have DHS work authorization, you must prove that you have a valid non-work reason for requesting a card." So are we going to be able to get him a card before our EAD is approved? What do they consider to be a valid non-work reason?

[VanessaTony 3,567]

Thanks!

Now on the SS application form it says "If you are not a U.S. citizen and do not have DHS work authorization, you must prove that you have a valid non-work reason for requesting a card." So are we going to be able to get him a card before our EAD is approved? What do they consider to be a valid non-work reason?

K1's are a special case. here's the guide: http://www.visajourney.com/content/ssn

Basically he rocks up with his passport and K1 visa and a completed form (ss-5) and bam. Card ordered. Trust me. I got my SSN about 2 1/2 weeks after i arrived on the K1, I didn't have a issue. HOWEVER, some SSA's aren't aware of the K1 rule which is why the guide recommends you take the printouts they have listed to show the SSA officer THEIR rules

[Kristin&David 0]

K1's are a special case. here's the guide: http://www.visajourney.com/content/ssn

Basically he rocks up with his passport and K1 visa and a completed form (ss-5) and bam. Card ordered. Trust me. I got my SSN about 2 1/2 weeks after i arrived on the K1, I didn't have a issue. HOWEVER, some SSA's aren't aware of the K1 rule which is why the guide recommends you take the printouts they have listed to show the SSA officer THEIR rules

Thanks Vanessa!

[that_girl 9]

Thanks!

Now on the SS application form it says "If you are not a U.S. citizen and do not have DHS work authorization, you must prove that you have a valid non-work reason for requesting a card." So are we going to be able to get him a card before our EAD is approved? What do they consider to be a valid non-work reason?

We did ours yesterday and it was a breeze. Just handed the guy at the window (so much of our life together has revolved around windows with little slot through which to slide documents!) the SS-5 form and Ewan's passport, and a few minutes later he gave us a letter and told us to expect the card in the mail in 2 weeks!

Also, a huge giant thanks to Vanessa for starting this totally awesome thread! Agreed - not just for Aussies! We filed the AOS yesterday, and you're amazing info took a bunch of the stress out of it, and made it go really quick! Thanks again, so so much!

[TravisRachel 0]

What is form 1099, i never had to fill it out in my life and my sponser never had to fill out one either, can you enlighten me on this form?