9 years in the US. time to do something about it... (J-1 spouse)

[Thomas H 0]

I am almost getting at the end of my package... remaining are the two last lines, which are rather cryptic to me...

16. I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10 17. I-601, Application for Waiver of Grounds of Excludability**, if applicable * Fingerprint fee not needed for applicants under 14 ** an I-601 is NO FEE, if, and ONLY if filed WITH an I-485. Later filing DOES require a fee. Whether to file an I-601 is an important decision -- like the J-1, consulation with an attorney is recommended.

AS a J-1 with no 2 years rule application, Am I concern by Item 16 and 17? these can be significant fees.

Tom.

[Harpa Timsah 13,260]

You do not need I-485A or I-601.

[Thomas H 0]

Well.. Harpa, I think I am in good shape now, all thanks to you. Thank you so much for your support and advice, It is really appreciated.

I will now get all the additional documents requested for the package, get my medical appointment, and I should be ready to send the joint I-130 I485 within a few weeks.

sincerely,

tom.

[Harpa Timsah 13,260]

Great news!

[Thomas H 0]

Well, I spoke too fast.

I still have some trouble with the I864.

For part 6 item 10, I added up the sum of both our current salary.

However, for part 13a, I am not sure if the total income only concern my USC spouse, or our household income. The fact that we filed jointly in 2011, but not in 2012 make things a little odd.

In other words, Do we both have to provide our tax return and W-2?

Also, it says it is optional to provide proofs for the past 3 years. Is it adviced to provide them (especially if it shows a joint tax filling?)

tom.

[Harpa Timsah 13,260]

Well I don't have the form in front of me so I don't know what the numbers are. If you are combining income then yes, you both have to provide complete tax returns (which can be more than 1040 and W2). It is your choice to do either 1 year or 3 years' worth. And they mostly want to know about your current income. Why didn't you file jointly in 2012?

Edited July 25, 2013 by Harpa Timsah

[Thomas H 0]

Because my wife didnt though about it at the time of filling.

[Harpa Timsah 13,260]

Didn't though?

[Thomas H 0]

She got confused with the jargon of the guidelines for filling the tax return with a non-resident alien spouse. She therefore though that we had to file separately, although both are names are on the document. I think, I will simply submit the last tax return document to keep it simple.