Tax Return -

[USS_Voyager 1,971]

10 minutes ago, BradandKaneko said:

I get the confusion. I thought you were asking what Visa she applied for. SHe is here in the states under a tourist Visa.  She qualifies, we made sure of that with the attorney, etc. 

 

Now that we got that settled. The answer to your question is yes, you need 2018 tax return. You can file with the extension letter, but by the time they start working on the application, they will issue a RFE for it and will delay your case by 2-3 months. By that time, the extension will be well over anyway. So your choices are:

 

A. Not file your tax return and submit your I-864 what have you. It will likely result in at minimum some problems and delays and at worst, a denial and you have to start everything from the beginning. If they do deny your case, by that time your wife’s status as visitor will be well over and she will be subjected to deportation. She literally can be picked up by ICE and be thrown in a detention center with the illegals, gangsters, the Gypsies, the Lesbies, and President Trump’s caravan... 

B. Just file the tax return already, LIKE THE REST OF US NORMAL PEOPLE DO, and file your application with it. Jesus sweet mother of sunshine.

Edited June 16, 2019 by USS_Voyager

[BradandKaneko 0]

Yes and I see how the answer was so much different based on the B2 Visa type... so thanks!

[Nitas_man 3,100]

4 hours ago, BradandKaneko said:

If I am confused, then I apologize. You asked me what type of visa? It is not a K1. We were married in Guatemala. She applied for a Visa using the I-130 process. So I assume, it is an I-130 Visa. It was me filling out the petition for my alien relative. We are now adjusting that status. What am I missing that I am not providing you and making you so upseT?

You dont get married, apply for a visa through 1-130, then also adjust status.  That’s impossible.  If an I-130 was approved and a visa was issued based on that I-130 and she has entered the US then you should not need to file another support affidavit or adjust status, unless she was issued a K3 or you two skirted the rules by marrying and entering on a tourist visa with intent to immigrate.  That bothers the law-abiding among us.

 

Anyway - To answer your question - collect all of your income info (W2, 1099s, etc etc) with a copy of your extension application and send it in.  They’ll ask you to bring the whole thing (filed tax records) to the AOS interview.

 

Any attorney who told you that you weren’t risking anything by choosing tourist—->AOS route should be fired.  They’re cracking down on that.

 

 

 

 

 

Edited June 17, 2019 by Nitas_man

[Neonred 3,451]

9 hours ago, Nitas_man said:

Any attorney who told you that you weren’t risking anything by choosing tourist—->AOS route should be fired.  They’re cracking down on that.

 

 

 

 

 

Links?

[junkmart 320]

14 hours ago, Nitas_man said:

Any attorney who told you that you weren’t risking anything by choosing tourist—->AOS route should be fired.

I think the opposite. Assuming there was not misrepresentation upon entry on B2, the attorney gave sound advice on the option of filing AOS from within the US. If the attorney hadn't, and just told the person to leave the US and file for a K1 or spouse visa, then the attorney would have failed to inform the client of, possibly, best legal route.

Edited June 17, 2019 by junkmart

[ineedadisplayname 443]

19 hours ago, BradandKaneko said:

We are currently filing for an adjustment of status, however, I do not have my last years tax return as I filed an extension. I do this virtually every year, as I do not owe, and procrastinate on it in general. 
I have a very healthy level of income, and I have the prior two years returns, the form and letter from my CPA showing the extension, and my W-2s from last year. 

The I-864 states "must be included" for the previous year, and the prior years are optional. My question is, if I am showing adequate income and the prior two years, etc. would this likely be accepted? 
We just recently decided to go the AOS route as the K1 visa just finally made it through the first stage after a year, and it looks like another six months before that is done. 

My spouse needed to file the taxes earlier. They didn't take the extension letter in our case, tho it was fine for the consulate interview. We got an RFE, it was vaugly worded about not meeting the income level, but the only thing we changed was filing the taxes and including the tax return for the previous year when responding to the RFE.

[Nitas_man 3,100]

7 hours ago, junkmart said:

I think the opposite. Assuming there was not misrepresentation upon entry on B2, the attorney gave sound advice on the option of filing AOS from within the US. If the attorney hadn't, and just told the person to leave the US and file for a K1 or spouse visa, then the attorney would have failed to inform the client of, possibly, best legal route.

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

 

This is a good summary by one law firm

 

13 hours ago, Neonred said:

Links?

https://www.cato.org/blog/immigration-application-denials-jump-37-percent-under-trump

 

AOS is just one category

 

 

[junkmart 320]

14 hours ago, Nitas_man said:

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

 

This is a good summary by one law firm

You can be in the US on a tourist visa and adjust status, period. It is allowed by law, and many of us have done it. Now, if one had intent to adjust before/while entering the US, and USCIS can prove that along with misrepresentation, then one could be in trouble. My point was that if someone is already in the US on a tourist visa, and later decides to marry, then they have every right to adjust status from within the USA, and a lawyer who failed to advise this route would have failed in their duty to their client.

[Nitas_man 3,100]

5 hours ago, junkmart said:

You can be in the US on a tourist visa and adjust status, period. It is allowed by law, and many of us have done it. Now, if one had intent to adjust before/while entering the US, and USCIS can prove that along with misrepresentation, then one could be in trouble. My point was that if someone is already in the US on a tourist visa, and later decides to marry, then they have every right to adjust status from within the USA, and a lawyer who failed to advise this route would have failed in their duty to their client.

Case about marrying, entering, adjusting status and AOS denial was posted here on VJ a few days ago.  That couple is now @$&@ed due to finding of fraud at entry, based on remarks at AOS interview vs remarks at POE.

 

My comment was about risk, not legality.  

 

I’d suggest you read about that case, rethink your position here, and maybe add that risk to your future posts about adjusting status from tourist visas, especially using tourist visas after you get married in your home country to enter the US to then file to adjust your status.

 

I commented because the case in this thread looks exactly like that one.

Edited June 18, 2019 by Nitas_man

[junkmart 320]

10 minutes ago, Nitas_man said:

Case about marrying, entering, adjusting status and AOS denial was posted here on VJ a few days ago.  That couple is now @$&@ed due to finding of fraud at entry, based on remarks at AOS interview vs remarks at POE.

 

My comment was about risk, not legality.  

 

I’d suggest you read about that case, rethink your position here, and maybe add that risk to your future posts about adjusting status from tourist visas, especially using tourist visas after you get married in your home country to enter the US to then file to adjust your status.

 

I commented because the case in this thread looks exactly like that one.

You'd have to link me to this case you write about for me to read it. I'm just saying that there is nothing wrong with adjusting from a tourist visa, and if one had no intent and did not misrepresent, then there is no risk.

 

Also, what does any of this have to do with OP's question? Let's try to stay on topic and help him with his question, which was about filling out I-864, not about whether or not he could adjust from a tourist visa.

Edited June 18, 2019 by junkmart

[junkmart 320]

15 minutes ago, Nitas_man said:

especially using tourist visas after you get married in your home country to enter the US to then file to adjust your status.

That is an entirely different matter.

 

After reading your back and forth with OP, I realize that he gave you a tidbit of information that I had missed. I see now that they married in Guatamala. I think we need OP to come back and clarify exactly their timeline. I now have more questions than answers.

Edited June 18, 2019 by junkmart

[geowrian 22,336]

4 minutes ago, junkmart said:

You'd have to link me to this case you write about for me to read it. I'm just saying that there is nothing wrong with adjusting from a tourist visa, and if one had no intent and did not misrepresent, then there is no risk.

For reference:

Note that this was entry via the VWP, which is not equivalent to a tourist visa. Facts of the case are sparse, so I wouldn't read too deeply into it either way.

 

[junkmart 320]

7 minutes ago, geowrian said:

For reference:

Note that this was entry via the VWP, which is not equivalent to a tourist visa. Facts of the case are sparse, so I wouldn't read too deeply into it either way.

 

Thanks. I'll read it. I was unaware that OP had married in Guatemala. Would be helpful if he'd come back and fill in his timeline or provide a timeline of events. I now see where @Nitas_man is coming from.

 

Update: I remember that thread now. I commented. Sure hope they can overcome that assumption of misrepresentation, which is what the OP says happened.

Edited June 18, 2019 by junkmart

[Nitas_man 3,100]

50 minutes ago, junkmart said:

You'd have to link me to this case you write about for me to read it. I'm just saying that there is nothing wrong with adjusting from a tourist visa, and if one had no intent and did not misrepresent, then there is no risk.

 

Also, what does any of this have to do with OP's question? Let's try to stay on topic and help him with his question, which was about filling out I-864, not about whether or not he could adjust from a tourist visa.

I take no issue to what you say on this.  I viewed this one (this thread) as having some risk.  Could be a lot, depending on what got said at POE, what got filed, and how soon the AOS was filed after entry.

Edited June 18, 2019 by Nitas_man

[junkmart 320]

3 minutes ago, Nitas_man said:

Your free link pass expired.  Have to find your own.

Someone who is kinder than you provided the link. You don't seem to be here to help. Your sarcasm is duly noted. Bye

Edited June 18, 2019 by junkmart