Intentionally delay AOS

[SLDFK 4]

So, my other half is finally here in the USA on a K1 visa. We will be wed soon but I have a question for the VJ experts.

The I-94 expires mid December. We will be wed by then but I was thinking about delaying the AOS until mid January 2011 . Someone correct me if I am wrong please.

As far as I understand it, technically, there is no rule/policy/requirement that AOS "MUST" be filed prior to the expiration of the I-94. I understand my other half would be considered "out of status". Can immigration refuse or deny the AOS because of this?

The reason for delaying the AOS:

The I-864 requires 3 years of tax information although supplying the last 2 years of tax transcripts is optional. So, if I file the AOS before the I-94 expires, i need to provide tax information for year 2007, 2008, and 2009. But for the tax year 2007, my income does not meet the 125% poverty guide line. Tax year 2008 and 2009 does meet the requirements. I know I can use a co-sponsor but prefer not to . My 2010 income will also meets the poverty requirements. So, my plan is to wait until January 2011 to file the AOS. My W-2 will be available online from my employer around the 5th. I will then file my taxes and send off the AOS package with a copy of 2010 tax forms and tax transcripts of 2009 and 2008 thereby meeting the poverty requirements for all 3 years. What do you guys think?????

Edited September 17, 2010 by SLDFK

[amykathleen2005 441]

Only this year needs to have been over the poverty level. I believe that they just use the previous years information to make a judgement call if you are borderline for the poverty level. Someone else can correct me if I am incorrect on that.

[Darnell 8,479]

yer official VJ timeline is a bit confusing after interview day -

but

--suggest she get her SSN soonish

--listed plan of waiting on AOS - makes much sense, as you'd prolly be asked to bring in a new I-864 either ON interview day, or AFTER interview day, reflecting the new tax year data..

[SLDFK 4]

Yeah, sorry about the timeline. I kind of got side tracked after my other half got here. As for SSN, I am waiting 3 weeks to make sure it is in the SAVE database.

One more tidbit of information:

Income for 2007 does NOT meet the 125% poverty requirements.

Income for 2008 BARELY meets the 125% poverty requirements.

Income for 2009 MORE THAN meets the 125% poverty requirements.

Income for 2010 MORE THAN meets 125% poverty requirements.

Edited September 17, 2010 by SLDFK

[Anh map 2,098]

No need to wait because of tax returns. If your 2009 income is above the requirement and 2010 is above too you ought to be fine.

[VanessaTony 3,567]

While you need to TELL them the amounts from filing tax for the last three years, this is simply to prove that you filed taxes, which is a requirement. ONLY the most recent tax year needs to be at or above the 125% of the poverty guidelines.

So, there is no need to wait to file AOS, as you said your 2009 tax is above the requirements then that's all that matters. However if you WANTED to then yes you could, but it's a slippery slope of waiting, trust me and ask other VJ'ers, you start putting it off, it might take longer than you think to eventually file...