I-864

[YoshiE615 12]

Hello,

 

I am about to submit our AoS and I still have not done my tax return for 2021 since its not due yet. If I use 2020 as my latest tax transcript, will that be okay? Or should I hold off on sending the I-485 packet until after I do my tax return. 

[Mike E 11,723]

2 minutes ago, YoshiE615 said:

Hello,

 

I am about to submit our AoS and I still have not done my tax return for 2021 since its not due yet. If I use 2020 as my latest tax transcript, will that be okay? Or should I hold off on sending the I-485 packet until after I do my tax return. 

What was the date of entry into the USA? Please keep your timeline up to date.  

[YoshiE615 12]

1 minute ago, Mike E said:

What was the date of entry into the USA? Please keep your timeline up to date.  

January 16th. I will update it now

[Mike E 11,723]

7 minutes ago, YoshiE615 said:

January 16th. I will update it now

So the absolute last date you should file I-485 is April 15.  Which is 3 days before the tax filing dead line. I would want the NOA1 from I-485 in hand on or before April 15 so that there is no period of unauthorized presence.  
 

So I would wait until March 31 at the latest to file I-485 and only wait if you will file your tax return by March 31.  
 

Otherwise at your I-485 interview you can expect to be asked for your tax year 2021 tax transcript.  

Edited March 27, 2022 by Mike E

[JeanneAdil 6,191]

Never hold off the AOS / the K1 is one time entry and now is void

u need the receipt for I 485 to stay legal

the interview is a long way off so your 2021 tax returns will be available by interview

[K1visaHopeful 2,661]

1 hour ago, Mike E said:

So the absolute last date you should file I-485 is April 15.  Which is 3 days before the tax filing dead line. I would want the NOA1 from I-485 in hand on or before April 15 so that there is no period of unauthorized presence.  
 

So I would wait until March 31 at the latest to file I-485 and only wait if you will file your tax return by March 31.  
 

Otherwise at your I-485 interview you can expect to be asked for your tax year 2021 tax transcript.  

Current tax filing deadline is April 18th this year.

It's also very possible with the state of unrest/inflation, it may be extended longer.

[Mike E 11,723]

2 hours ago, K1visaHopeful said:

Current tax filing deadline is April 18th this year.

It's also very possible with the state of unrest/inflation, it may be extended longer.

90 days after POE is April 16.  
 

The point is to avoid illegal presence 

Edited March 27, 2022 by Mike E

[K1visaHopeful 2,661]

6 hours ago, Mike E said:

90 days after POE is April 16.  
 

The point is to avoid illegal presence 

Unauthorized presence is not the same as illegal presence.

One can file AOS at any point.

The OP sounds like they want to file AOS now anyways and are worried about not having filed 2021.

Submitting 2020 taxes up until April 18th this year is completely fine.

They do not have to wait to file 2021 taxes to apply for AOS as implied.

2020 taxes are accepted until the tax filing deadline.

[Mike E 11,723]

10 minutes ago, K1visaHopeful said:

Unauthorized presence is not the same as illegal presence.

sigh. 

Quote

 

One can file AOS at any point.

no.  

Quote

The OP sounds like they want to file AOS now anyways and are worried about not having filed 2021.

Submitting 2020 taxes up until April 18th this year is completely fine.

Definitely not if you owed money for 2020. Too late.  
 

Quote

They do not have to wait to file 2021 taxes to apply for AOS as implied.

never implied by me, if that is what you are implying.  

Quote

2020 taxes are accepted until the tax filing deadline.

Indeed. And that deadline was about 11 months ago.  

Edited March 28, 2022 by Mike E

[K1visaHopeful 2,661]

4 minutes ago, Mike E said:

sigh. 

You can look up the thread where this was discussed thoroughly by admins yourself.

 

4 minutes ago, Mike E said:

no.  

Yes. There is no laws saying you must file within 90 days however it is advised. Your answer of "no" is too strong.

4 minutes ago, Mike E said:

Definitely not if you owed money for 2020. Too late.  
 

That's is not relevant to this post.

The poster said they have not filed 2021.

4 minutes ago, Mike E said:

never implied by me, if that is what you are implying.  

Indeed.

You did imply it in every one of your comments.

4 minutes ago, Mike E said:

 

And that deadline was about 11 months ago.  

My bad. 2021.

 

You are thinking too much into what the OP is asking and putting words in their mouth. 

We should let them at least comment.

 

11 hours ago, YoshiE615 said:

Hello,

 

I am about to submit our AoS and I still have not done my tax return for 2021 since its not due yet.

 

Correct, it's not due until April 18th.

11 hours ago, YoshiE615 said:

If I use 2020 as my latest tax transcript, will that be okay?

Yes completely okay.

2021 taxes aren't due until April 18th. That means you have until April 18th to provide 2020 taxes with your to I864 form

 

 

11 hours ago, YoshiE615 said:

Or should I hold off on sending the I-485 packet until after I do my tax return. 

Not at all.

You'll just have to bring an updated I864 with 2021 taxes when you are interviewed (or even 2022 taxes if you are at a slow LFO and are interviewed in the next tax season).