which year for AOS?

[thelastpetitioner 218]

we applied for my visa july 1st 2010 ( thats the date on our first notice of action ) now my question is,if i enter the country in 2011,and get the AOS paperwork doing in 2011,which years tax returns would i need?

2010,2009,2008?or 2009,2008,2007?

TIA

[JimVaPhuong 4,865]

You need the return for the most recent tax year. The most recent tax year is the one that was due on the most recent April 15th. This means if you file the AOS before April 15th, 2011, then you need the return for 2009. If you file the AOS after April 15th, 2011, then you need the return for 2010. Sending in the returns for the two years prior to that is optional.

Bear in mind that if you send the AOS package before April 15th, but the interview is scheduled AFTER April 15th, they could still ask for the 2010 return at the interview. Make sure your sponsor files their return on time. Even though the IRS will accept a request for an extension to file a return, USCIS won't.

[payxibka 10,048]

not a K-1 visa process topic... moving thread

[thelastpetitioner 218]

You need the return for the most recent tax year. The most recent tax year is the one that was due on the most recent April 15th. This means if you file the AOS before April 15th, 2011, then you need the return for 2009. If you file the AOS after April 15th, 2011, then you need the return for 2010. Sending in the returns for the two years prior to that is optional.

Bear in mind that if you send the AOS package before April 15th, but the interview is scheduled AFTER April 15th, they could still ask for the 2010 return at the interview. Make sure your sponsor files their return on time. Even though the IRS will accept a request for an extension to file a return, USCIS won't.

thats exactly our problem,my SO didnt file tax return in 2007,im not trying to round the taxing system,but i was wondering if it would effect our case ( the fact that he will be filing late and most likely wont be done by the time we start the AOS process ) .

garyandalla suggested to get the 07 tax work done for the sake of AOS,which we will,i just wanted to double check

thank you