Applying for AOS without 2020 Tax Return Transcript

[Snowwolf 7]

My wife was a student in university in the years 2017, 2018, 2019.

She was a dependent for the years 2017 and 2018, however, for 2019 she did her taxes with wages from a part time job (under 5k income). My wife started working in January 2020 and has an income over 60k.

 

For the I-944 and I-864, based on my understanding we will have to submit the 2019 Tax return transcript since that is the most recent one we have. We will also be adding all the paystubs from January 2020 till now which show her income is above the poverty guideline. 

 

The reason why I can't wait for the 2020 tax return transcripts is that me and my wife have to paper file our taxes, I will also need to apply for an ITIN number and I believe this process will take months. 

 

What I want to know is that will the AOS application be rejected and will we lose our fees or we will get a potential RFE? I do not mind getting an RFE later on because we will be filing our taxes soon and have the return transcript ready.

 

Thank you!

Edited February 3, 2021 by Snowwolf

[Snowwolf 7]

Actually, I figured that we can file the 2020 taxes now and get the 1040 which we can send with the I-864 as well as I-944. The only issue now is that the I-944 requires a tax return transcript which will take months to receive because we are paper filing, but we will write an explaination stating that we will bring it to the interview. So I hope this won't cause rejection of the AOS package. 

Edited February 3, 2021 by Snowwolf

[HRQX 4,145]

1 hour ago, Snowwolf said:

What I want to know is that will the AOS application be rejected and will we lose our fees or we will get a potential RFE?

Current income is KING. Include recent paystubs and a letter from employer (if possible).

1 hour ago, Snowwolf said:

The reason why I can't wait for the 2020 tax return transcripts

Just don't file too early: https://www.irs.gov/newsroom/2021-tax-filing-season-begins-feb-12-irs-outlines-steps-to-speed-refunds-during-pandemic "The Internal Revenue Service announced that the nation's tax season will start on Friday, February 12, 2021, when the tax agency will begin accepting and processing 2020 tax year returns."

[Nouchigang 200]

Indeed 2020 paystubs with a letter of explanation plus her 2020 W2. Hopefully she already received it, that's a good way of showing she is currently making well above the poverty line 

[Snowwolf 7]

Thank you for the replies. Yes she has her w2 forms and 13 months of pay stubs as well as an employment letter. Based on the replies It seems it’s best for me to apply for AOS within a few days. I am crossing my fingers I don’t get initial rejection. 
Once again thank you! 

[Rocio0010 5,565]

On 2/3/2021 at 9:03 PM, Snowwolf said:

Thank you for the replies. Yes she has her w2 forms and 13 months of pay stubs as well as an employment letter. Based on the replies It seems it’s best for me to apply for AOS within a few days. I am crossing my fingers I don’t get initial rejection. 
Once again thank you! 

You’re not. At most you’ll get a RFE, but not a rejection. A rejection happens usually when one of the main documents is missing, such as the birth certificate. I think your idea of sending W2s, an employment letter and paystubs would have you covered. If you can, send 6 months of paystubs. Also, look for online templates of employment letters to USCIS. That’s how we did mine