AOS interview in 30 days. Husband didn't file his 2020 taxes - he got an extension. What do we do for the interview's I-864? Are W2s for 2020 enough?

[Jared&Roxy 20]

We submitted AOS package in september 2020, with my husband as the only sponsor. We used 2019 tax returns. He was unemployed at that time but this didn't seem to be a problem.

 

He's been working for 5 months now at a large telecommunications company. He is a contract worker hired by a temp agency for them and his boss submitted the paperwork for him to become full-time but HR takes a while, so we don't know if he'll become full-time before the interview.

 

He got an extension on his 2020 taxes. We didn't file because I don't have an SSN. I requested an ITIN on the extension application.

 

Would 2020 W2s (he made about 50k) 2019 tax documents + current job paystubs + current bank info + temp agency contract be enough?

 

Would the above plus MAYBE full-time contract and/or MAYBE employment verification letter be enough?

 

Do we need a joint sponsor? We could maybe ask one of his parents but would seriously prefer not to.

Edited August 1, 2021 by Jared&Roxy

[Mike E 11,723]

1 hour ago, Jared&Roxy said:

We submitted AOS package in september 2020, with my husband as the only sponsor. We used 2019 tax returns. He was unemployed at that time but this didn't seem to be a problem.

That’s surprising.  I would think by now you would have received an RFE since his current income  at the time was zero.  
 

But maybe USCIS hasn’t looked at the file yet.  
 

Quote

 

He's been working for 5 months now at a large telecommunications company. He is a contract worker hired by a temp agency for them and his boss submitted the paperwork for him to become full-time but HR takes a while, so we don't know if he'll become full-time before the interview.

 

Does his current income exceed the required amount?

 

Quote

 

He got an extension on his 2020 taxes. We didn't file because I don't have an SSN. I requested an ITIN on the extension application.

He should file his 2020 taxes as married filing separately. He mail the tax return and for the place where your SSN / ITIN goes he can enter NRA. 

Quote

Do we need a joint sponsor? We could maybe ask one of his parents but would seriously prefer not to.

Possibly.  
 

It depends where you are now in the process, and what his current income is.  And what his current income will be when you have the AOS interview 

Edited August 1, 2021 by Mike E

[Lemonslice 4,553]

At worst, you'll have to submit the tax transcript to the consulate after the interview. Expect 6-10 weeks for treatment though.

 

(Is your interview scheduled? If not, he could file married separately now (no need for ITIN, nor SSN), and amend after your arrival.  Avoiding delays after the interview)

Edited August 1, 2021 by Lemonslice

[Ayrton 965]

27 minutes ago, Lemonslice said:

At worst, you'll have to submit the tax transcript to the consulate after the interview. Expect 6-10 weeks for treatment though.

 

(Is your interview scheduled? If not, he could file married separately now (no need for ITIN, nor SSN), and amend after your arrival.  Avoiding delays after the interview)

OP is doing AOS. No consulate here.

[K1visaHopeful 2,658]

Please update your timeline to indicate your filing status.

It states you are still filing K1 while your post states AOS hence where all of the misguided advice is coming from.

[Ayrton 965]

2 hours ago, Jared&Roxy said:

We submitted AOS package in september 2020, with my husband as the only sponsor. We used 2019 tax returns. He was unemployed at that time but this didn't seem to be a problem.

 

He's been working for 5 months now at a large telecommunications company. He is a contract worker hired by a temp agency for them and his boss submitted the paperwork for him to become full-time but HR takes a while, so we don't know if he'll become full-time before the interview.

 

He got an extension on his 2020 taxes. We didn't file because I don't have an SSN. I requested an ITIN on the extension application.

 

Would 2020 W2s (he made about 50k) 2019 tax documents + current job paystubs + current bank info + temp agency contract be enough?

 

Would the above plus MAYBE full-time contract and/or MAYBE employment verification letter be enough?

 

Do we need a joint sponsor? We could maybe ask one of his parents but would seriously prefer not to.

I'm also surprised you didn't get an RFE. What did you enter for Current Income on the 864? 

[Lemonslice 4,553]

39 minutes ago, Lemonslice said:

At worst, you'll have to submit the tax transcript to the consulate after the interview. Expect 6-10 weeks for treatment though.

 

(Is your interview scheduled? If not, he could file married separately now (no need for ITIN, nor SSN), and amend after your arrival.  Avoiding delays after the interview)

Misread the post, my mistake.  Could still file and amend later though.

Edited August 1, 2021 by Lemonslice

[Russel1995 163]

I would bring what you have.

 

If he was unemployed in 2019, did you guys also fill out the information in the i864 for assets?

 

If his assets and possibly your foreign assets meet the requirements to make up for the lack of income.. You should be good.

 

I'd bring a letter showing proof of none-filining of the 2020 return (can be printed from your IRS account) along with he other documents you mentioned.

 

If you used the assets, you should be good with the documents you provided in the i864.

 

Obviously bring a copy of everything for If it's needed.

Edited August 2, 2021 by Russel1995

[Jared&Roxy 20]

6 hours ago, Mike E said:

That’s surprising.  I would think by now you would have received an RFE since his current income  at the time was zero.  
But maybe USCIS hasn’t looked at the file yet.  

 

Does his current income exceed the required amount?

 

He should file his 2020 taxes as married filing separately. He mail the tax return and for the place where your SSN / ITIN goes he can enter NRA. 

Possibly.  
 

It depends where you are now in the process, and what his current income is.  And what his current income will be when you have the AOS interview 

 

We put his current income at the amount he had made in 2020 to that date and put a note on the last page of the form explaining it. We also included printouts of his and mine separate checking and savings account balances. 

 

Regardless, we will be completing a new I-864 for the interview. Yes, he makes well over the income requirement and we will include our account balances too.

 

Considering the interview is in less than a month, do you think we should still file them? 

[Jared&Roxy 20]

5 hours ago, K1visaHopeful said:

Please update your timeline to indicate your filing status.

It states you are still filing K1 while your post states AOS hence where all of the misguided advice is coming from.

Done, thank you!

 

55 minutes ago, Russel1995 said:

I would bring what you have.

 

If he was unemployed in 2019, did you guys also fill out the information in the i864 for assets?

 

If his assets and possibly your foreign assets meet the requirements to make up for the lack of income.. You should be good.

 

I'd bring a letter showing proof of none-filining of the 2020 return (can be printed from your IRS account) along with he other documents you mentioned.

 

If you used the assets, you should be good with the documents you provided in the i864.

 

Obviously bring a copy of everything for If it's needed.

 

Yes, we included our checking and savings (separate) accounts information on the I-864. We put his current income on that I-864 at the amount he had made to that date in 2020 with a note on the last page.

[Mike E 11,723]

18 minutes ago, Jared&Roxy said:

 

We put his current income at the amount he had made in 2020 to that date and put a note on the last page of the form explaining it. We also included printouts of his and mine separate checking and savings account balances. 

 

Regardless, we will be completing a new I-864 for the interview. Yes, he makes well over the income requirement and we will include our account balances too.

 

Considering the interview is in less than a month, do you think we should still file them? 

Based on the above and other comments, I’m a bit at loss how this went to interview without an RFE unless USCIS is using your presumably sufficient liquid assets.  Without knowing more,  I’d go to interview with what you have.
 

Do bring evidence of current income: past 3 months.  

Edited August 2, 2021 by Mike E

[Rocio0010 5,562]

8 hours ago, Jared&Roxy said:

He got an extension on his 2020 taxes. We didn't file because I don't have an SSN. I requested an ITIN on the extension application.

I believe Turbo Tax gives you the option to file and generate your ITIN. Try that. Regardless, he could always try to file as “married filing separately” and put “NRA” under your social. 

 

8 hours ago, Jared&Roxy said:

Would the above plus MAYBE full-time contract and/or MAYBE employment verification letter be enough?

It should, but since the full- time contract may not be ready for the interview, I’d play it safe and get a joint sponsor. If they are happy with what you present (tax documents, pay stubs and job verification letter) and they don’t ask, then you don’t need to present them with a joint sponsor. But if they do ask, then you’d have everything ready right there and then. Hope it’s clear!

[Rocio0010 5,562]

8 hours ago, Jared&Roxy said:

He was unemployed at that time but this didn't seem to be a problem.

Well, that’s weird. If he was unemployed, he had zero income, so I’m really surprised at how you got to this point without a RFE, unless he had liquid assets that could be converted into cash quickly. For USCIS, current income is king. I’m at a loss.

[HRQX 4,145]

25 minutes ago, ra0010 said:

I believe Turbo Tax gives you the option to file and generate your ITIN. Try that.

Nope. Form W-7 must either be mailed-in or the applicant go in-person to a local IRS TAC. https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

Edited August 2, 2021 by HRQX

[Rocio0010 5,562]

2 minutes ago, HRQX said:

Nope. Form W-7 must either be mailed-in or the applicant go in-person to a local IRS TAC. https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

I stand corrected. Thank you!