Filing Concurrently I-130 and I-485 without I-864, can you do it?

[yingyang85 0]

Hi am trying to submit I-130 concurrently along with I-485.  My question is, can you file I-864 (affidavit of support later on).  I married a US citizen and my B1/B2 expires on the 18th of April. We would like to send our application before then but my spouse does not have a tax transcript. If we request one now it will be too late to send the application.  Please help!!!!

[Transborderwife 4,666]

Nope.  It'll get rejected 

[chimichanga 3]

File the taxes and get the transcripts online. This will require you to create an account with the IRS. You can then download and print them instantly.

[Ben&Zian 4,398]

You can file after the expiration of your I-94... the over stay will be forgiven/ignored with the marriage to the USC....

[Penguin_ie 5,994]

****  Two threads merged and moved from Tourist visa forum to AOS from Tourist visa forum *****

[yingyang85 0]

It was stated that we file the last three years of tax transcript, but my spouse did not file for the last two years.  Can that be doable given the time limit we have put in for our application?  Thank you all for your help!!!

[yingyang85 0]

Please Help.  I am not sure now if I should file my application after my visa expires.  It is tough to plan out something like this when you did not expect to meet someone.  My spouse has no idea on this matter either so I am researching and trying to figure this out on my own.  I would appreciate any comment or advice you can give. 

[yingyang85 0]

anyone had any more inputs on this matter?

[ms80 22]

Try to find a co sponsor ! Otherwise you can definitely file after you I94 expires as it will be forgiven as a spouse of a US citizen!

[yingyang85 0]

would that make it irrelevant considering my spouse does not have a tax transcript for the years 2015 and 2016?

[p-ana 933]

Was he required to file? If so, he needs to sort that out first 

[yingyang85 0]

this is what is stated in the specific instruction under "I-864 Specific Instruction".  It also stated in the application form. under number 18.a.  There is a note under stating "You MUST attacha  photocopy or transcript of your federal income tax return for only the most recent tax year.

 

Item Numbers 18.a. - 20. Federal Income Tax Return Information You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years. Form I-864 Instructions 07/02/15 N Page 8 of 16 You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Telefile tax records are not acceptable proof of filing. Do not submit copies of your state income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal individual income tax return with the United States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States. If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

 

 

[f f 725]

just partially fill out the i864. you will get an rfe later on for a complete one.

[A'n'L 735]

File taxes (and back-taxes for previous years, if required) and then file the i130+i485 as soon as possible, but with the requested documents. The brief overstay will be forgiven.

[candybabe 46]

If you two

- just met and

- got married and

- your visa expires 04/18 and

- he has not filed his taxes for the past 2 years,

 

unless there is a solid reason why he has not, expect a lot of inquiry on the IO part -

 

Make sure you have all documents to show you entered the marriage in good faith.

 

Be extra prepared, as far as joint financial responsibility and joint social life are concerned.