AOS - Tax Nonfiler & Lots of Other Questions!

[lovestruck2 2]

Greetings all! Celebrating my first post here on the VJ community! Thank you in advance for your support! 

 

I am a USC who has just surprised my girlfriend and traveling partner of nearly two years by popping the question! (She said YES...  ) She entered two months ago on the VWP, and at the time we both intended to travel on to Switzerland (her home country) at the end of her 90 days. She was honest with CBP that she was with her American boyfriend and planning to spend time together with my friends and family. She was briefly pulled into secondary and extra notes were taken before they admitted her into the U.S.

 

Now, with the surprise engagement, we intend to get married within the next month and begin the full AOS process. I have a few questions that have come up during my research and preparation.

 

1) I am a traveling musician, artist and world wanderer who has been a nomad on the move for 7 out of the last 8 years (since I was 18). I have made very little official income in that time, and so I have not filed taxes, ever. Do I need to provide letters of non-filing? Do I need to explain my life and my situation and why I don't have tax returns? (I am now working at a low level "actual" job and can show pay stubs and proof of a modest "official" income since the beginning of April.)

 

2) I have a co-sponsor lined up who now makes an income that will amount to about $40,000/yr. but has not always made that much during the last few years, as she spent half of the time working on a smaller stipend as a Doctors Without Borders nurse. Also, she does not keep much of it in the bank as she is paying a mortgage and paying off student loans. Is there any necessity that the co-sponsor has savings, as long as they can prove their income? 

 

3) We have been traveling together for almost two years. She has maintained a Swiss address (her father's place) and bank account, but has not actually been there much... and now we are living in California together at the same address, which we will be at through the entirety of this process. We have been at this address since arriving in the country. Should she provide her Swiss address or our U.S. address throughout the forms? Will the U.S. address raise suspicion that we may have intended upon entry to stay and get married, since it has been fixed since the beginning of her VWP trip?

 

4) Now, it seems we can do a very small "legal" wedding right away, with a few friends or at the courthouse... or we could wait (with her in Overstay status) and do a bigger thing that looks more "bona-fide-y." In our case, it actually seems to make more sense to do a small thing as it was a surprise on a VWP visa... am I right? If so, what about sending our proof of bona fide marriage? Because, we don't have much at this point in the way of joint bills, bank accounts, or anything...we do rent together at the moment (without any official lease) and I could add her to my US bank account as soon as we're legally married. Do I surmise correctly that USCIS would be understanding of a lack of this kind of documentation because of the situation and the surprise?

 

5) Obviously, there is some risk involved in VWP --> AOS process. We are able to be honest about being clear in terms of intentions upon arrival, and will likely marry and apply in the 60-90 day window. Do we need to be prepared with proof that she meant to travel onward? She had a plane ticket out upon entry but immediately canceled it as it was a really bad route and she still wanted to decide on exact timing. Should we book her another ticket now (refundable) and then set the engagement date after it, then cancel again? That seems silly. The best we can do in terms of proof of her going back would be letters from her family and friends stating they were expecting to see her, and a couple facebook posts she made asking ahead for places to stay and jobs in Switzerland.

 

6) Every address in the last five years would be sooooo many addresses for me to list on my I-130. Can I just provide the U.S. mailing addresses I've maintained during my travels?

 

7) LAST ONE, THANKS!!! Is USCIS going to be prodding much into whether either of us worked outside of home countries, and basing any decisions on that? We have lived on incredibly shoe string budgets as well as done lots of playing in the streets, which is a gray area for "work." Basically, does our situation raise red flags?

 

In hope and gratitude...

lovestruck2!

 

 

[geowrian 22,337]

1. If you have not filed tax returns and were not required to file, then you need to provide a statement explaining why. However, if you were required to file and did not, then you must do so first. USCIS is not the IRS, but it sounds like you did have taxable income ("official" or otherwise...).
2. Any sponsor (primary or joint) can use income OR savings OR a combination of both. If the sponsor has enough income for her household + the intending immigrant, then that is sufficient by itself.
3. For her current address, it's fine to list the US address for AOS since that's where she is now living.
4. USCIS will take into account how long you have been married with any evidences. A newlywed couple often won't have a lot of commingled finances and such right away. You can establish those after filing for AOS and then present them at the interview. I highly suggest filing while she is still in status. A fancy wedding is not needed for AOS...just a legal marriage and evidence of a bona fide relationship/marriage.
5. What's the risk, exactly? That's permitted fine. Intent is established at POE. She doesn't need to show any proof that she intended to leave for AOS. If asked (and they very likely won't ask), then just be honest.
   1. Do NOT book another flight or lie about any facts (i.e. engagement date) on any forms or to any IO. This is fraud and has very serious consequences. Don't try to put in facts that "sound" better. "Just the facts" is key.
6. No, list every address that you have lived at (visits obviously don't count).
7. They may ask about any work. Just be honest. That's all there is to it. They won't base decisions on the type of work you have performed...just the I-864 is needed.

[millefleur 5,047]

If you have a strong joint-sponsor, the lack of tax returns won't be an issue.

 

In general @geowrian has answered all your questions. Don't alter your story out of fear or worry, that's a bad idea. She was let in by CBP fair and square.

 

I don't think USCIS cares about your work in other countries since you barely made enough to even file taxes. Lots of people in this process have lived on shoe string budgets and lived nomadic lifestyles abroad. Don't worry about it. You didn't have much income, you wanted to live abroad, those are all perfectly legal things to do, especially for young people. I sincerely doubt they will care if you busked for a couple bucks in a foreign country. They're more concerned with people making bank overseas and then evading taxes and things like that.

Edited May 31, 2017 by millefleur

[geowrian 22,337]

12 minutes ago, millefleur said:

If you have a strong joint-sponsor, the lack of tax returns won't be an issue.

 

In general @geowrian has answered all your questions. Don't alter your story out of fear or worry, that's a bad idea. She was let in by CBP fair and square.

 

I don't think USCIS cares about your work in other countries since you barely made enough to even file taxes. Lots of people in this process have lived on shoe string budgets and lived nomadic lifestyles abroad. Don't worry about it. You didn't have much income, you wanted to live abroad, those are all perfectly legal things to do, especially for young people. I sincerely doubt they will care if you busked for a couple bucks in a foreign country. They're more concerned with people earning bank overseas and then evading taxes and things like that.

Exactly. Work in foreign countries won't matter to USCIS at all, and unless you were making a significant amount of money, the income is excluded from taxes in the US. I was referring specifically to US-based work.

 

There's no issue living abroad, working abroad, traveling abroad, etc. More power to you.

[lovestruck2 2]

Thank you so much!

 

A couple more questions/answers regarding your answers, @geowrian :

 

4) Why do you so highly suggested filing while still in status? Does that streamline our process?

 

5) I have just been reading that it can be risky to do it that way. But it seems like it won't be a problem! 

 

6) Have you any idea what officially constitutes "living?" It's a fuzzy line when doing 1-3 month stints at various places...

 

 

@millefleur that sounds re-assuring, thank you! 

[geowrian 22,337]

14 minutes ago, lovestruck2 said:

4) Why do you so highly suggested filing while still in status? Does that streamline our process?

 

5) I have just been reading that it can be risky to do it that way. But it seems like it won't be a problem! 

 

6) Have you any idea what officially constitutes "living?" It's a fuzzy line when doing 1-3 month stints at various places...

1. It's usually easier (albeit not guaranteed) to get joint accounts and such it the person is still in status. Secondly, the moment her legal status expires, she becomes deportable. It's unlikely to happen, but possible. Lastly, while filing for AOS grants authorized stay and an overstay is ignored, it never really goes away.
   1. Unlawful presence is not accumulated if you file for AOS while still in status. It does accrue if you file while out of status. If, for whatever reason, she decides to later abandon her green card (and doesn't become a USC), she could incur a 10 year entry ban (if the accumulated unlawful presence before approval was over 1 year) or 3 year ban  (if >= 180 days but less than 1 year).
2. It's fine. You are not permitted to enter the US with intent to adjust status. You are permitted to enter, get engaged, marry, and decide to stay. It won't be an issue.
3. Not really (sorry)...use your best judgement. It won't impact your approval, but they want as accurate records as you can provide. You certainly would not be the first person in this situation. haha

Edited May 31, 2017 by geowrian

[lovestruck2 2]

Excellent, thank you! 

 

Last question-- Do we need to have NOA before her visa expires in order to avoid overstay? Or can we just have dated and sent the paperwork before that day? In a tight time crunch 10 days or so could make a big difference for us.... Thanks.

[geowrian 22,337]

16 minutes ago, lovestruck2 said:

Last question-- Do we need to have NOA before her visa expires in order to avoid overstay? Or can we just have dated and sent the paperwork before that day? In a tight time crunch 10 days or so could make a big difference for us.... Thanks.

The NOA1 is proof of authorized stay, but the actual authorized stay is from when it is "filed". I'm honestly not 100% certain as to what constitutes "filing" from a legal perspective, but I would assume it's the receipt date (not the postmarked date):

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1095.html

See 10.1(a)(1)

 

If anybody else has a better idea, please chime in.

Edited May 31, 2017 by geowrian

[lovestruck2 2]

Nice, yes it definitely seems from that link as if they are noting the date of receipt specifically. It seems like everyone sends their application to Chicago Lockbox facility... I notice there is also one in Phoenix, and I'm in California... but do all of these go to Chicago anyway? Thanks for your help!

[geowrian 22,337]

18 minutes ago, lovestruck2 said:

Nice, yes it definitely seems from that link as if they are noting the date of receipt specifically. It seems like everyone sends their application to Chicago Lockbox facility... I notice there is also one in Phoenix, and I'm in California... but do all of these go to Chicago anyway? Thanks for your help!

Yup.

Yeah, the Chicago Lockbox would be where these go for concurrent filing:

https://www.uscis.gov/i-130-addresses

If you are filing Form I-130 with Form I-485, and you live in the United States:

USCIS Chicago Lockbox For U.S. Postal Service: USCIS P.O. Box 805887 Chicago, IL 60680-4120 For Express mail and courier deliveries: USCIS FBAS 131 South Dearborn-3rd Floor Chicago, IL 60603-5517

[azblk 338]

19 minutes ago, lovestruck2 said:

Nice, yes it definitely seems from that link as if they are noting the date of receipt specifically. It seems like everyone sends their application to Chicago Lockbox facility... I notice there is also one in Phoenix, and I'm in California... but do all of these go to Chicago anyway? Thanks for your help!

if you file concurrently then you have to send package to Chicago. If you send it to another facility they will forward it to Chicago and that would just increase an already long processing time

 

[lovestruck2 2]

Thanks everyone for your answers. I am still not clear as to whether I can submit a written explanation of my lack of tax returns, or if I must request an official "Letter of Non-Filing" from the IRS and submit that. Thank you.

[azblk 338]

38 minutes ago, lovestruck2 said:

Thanks everyone for your answers. I am still not clear as to whether I can submit a written explanation of my lack of tax returns, or if I must request an official "Letter of Non-Filing" from the IRS and submit that. Thank you.

Doesn't hurt to do both

[lovestruck2 2]

OK. Technically speaking, would a written explanation suffice? Just because I am short on time. Thanks

[azblk 338]

6 minutes ago, lovestruck2 said:

OK. Technically speaking, would a written explanation suffice? Just because I am short on time. Thanks

It unlikely that it would. Government bureaucracies  love to hear from their own. You can try but will like end up with a RFE and that will stop your process while you gather the data. You are better off waiting until you have all documents needed.