AOS, I-864, Tax returns & Advanced Parole

[angey_blueskies 2]

My husband and I were married under a K-1 visa on April 2, 2016. We are in the process of preparing all our Adjustment of Status (AOS) forms + were planning on submitting it all as one package and paying the $1070 fee.

The issue we have: my husband filed an extension on his 2015 taxes for a variety of reasons and does not foresee having them done until about early Fall 2016 (deadline is October).

We had been planning on filing our AOS paper work with evidence of the extension + tax returns from 2012-2014 & letter from his bank showing deposits the past year. However, from what I've read, this will likely result in an RFE. And if we get the RFE before the taxes can actually be done, then my understanding is we will be out $1000 and have to restart the application. Is this correct?

It is my understanding that a lot of people post-pone filing for their AOS. We could do this and wait until the 2015 tax return is complete. The difficulty with this is both of my parents in Canada suffer from serious health issues and I'm worried that I will get stuck not being able to go to them if their health takes a turn for the worse. And quite frankly I miss my friends + other family members too and would like the freedom to travel back and forth across the border.

Should I just apply for Advanced Parole (AP) and wait to submit all the paper work for the AOS until after my husband is able to complete the 2015 tax return? Can you apply for AP after getting married but before filing for the AOS? Would it end up costing a lot extra to apply for AP separately?

Any and all advice is much appreciated.

[KayDeeCee 4,893]

You can try it, just to file now, and see what happens. If you get an RFE though, he will need to file his taxes and respond to the RFE before the deadline given, or you will be denied.

Is he self-employed? If not, why not also send his proof of current income via a letter from employer and recent pay stubs? If self-employed, they will definitely not approve the I-864 without seeing the 2015 taxes.

You cannot file for AP without filing for AOS. Being an adjustment applicant is what makes you eligible for it.

[angey_blueskies 2]

@KayDeeCee - thank you for your response. Yes, he is self-employed. The problem is he can't get his taxes done until his businesses taxes are done. We are going to include a letter explaining the situation and saying we'll send in the 2015 taxes as soon as they're done (which may take a few months) and request that if they give us an RFE that they please give us 90 days to produce the taxes, due to the complexity of them. We're also including a letter from his bank and statements showing his total deposits in his different accounts over the past year, to illustrate that yes the money is rolling in. I do hope this is sufficient.

This immigration process is a real pain in the butt.

[KayDeeCee 4,893]

Maximum response time for an RFE is 12 weeks, or 84 days > https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1318.html

The maximum response time is 12 weeks for an RFE. Extensions of time to submit evidence beyond the 12-week limit for RFEs or the 30-day period for NOIDs are not permitted.

https://www.uscis.gov/sites/default/files/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/change-timeframes-rfe.pdf

Edited June 10, 2016 by KayDeeCee