Ayrton

I think the length of your marriage says it all. People misfile taxes all the time. Tons of people file Single when they have foreign spouses because it's a trouble to get ITIN from abroad. (Not saying that it's correct, just that it happens a lot).

Remember that after EAD is approved, he's gonna be eligible for a SSN. And the sooner you file, the sooner the EAD will be approved and the ITIN will become useless.
 
In my opinion, I wouldn't use a lawyer to file for AOS. Even though you might think you have a complicated case, AOS for overstayed immigrants happen all the time. Take one day to go over all the instructions on the USCIS website and here in the forum. Fill out all the forms by yourself and then post all the questions and doubts you might have. You will be saving more than half of the money you would be spending with a lawyer.

The status you filed, not so much. And amending your tax return won't update the transcripts, so it's just matter of being in good shape with the IRS.
 
The most important is, don't delay filing for AOS.

As soon as you are able to, which is 180 days before the combo card expires. You send the same forms.

As soon as you are able to, which is 180 days before the combo card expires. You send the same forms.

I have the cheapest plan offered by my employer (Anthem BC BS) and all my covid tests were free. I even got tested twice before my trip to Brazil in less than 24 hours and both were free. Before this job I had Cigna from my husband's job and we got tested a couple times as well for free, no questions about the purpose of the test. I also got tested at CVS yesterday, I selected yes for the first the question (travel, work, activities) and didn't pay anything out of pocket as well. If you read their website, they make no distinction between a test for traveling or other purposes.
 
And if you look at the HHS website, the CARES Act actually says that private insurances must waive covid diagnostic testing expenses for "individualized diagnosis", including asymptomatic ones.
 
"Plans and issuers must provide coverage without imposing any cost-sharing requirements (including deductibles, copayments, and coinsurance), prior authorization, or other medical management requirements for COVID-19 diagnostic testing of asymptomatic individuals when the purpose of the testing is for individualized diagnosis or treatment of COVID-19."
 
https://www.hhs.gov/coronavirus/cares-act-provider-relief-fund/for-patients/index.html
 
The exceptions mentioned on the act are tests for "public health surveillance" and "employment". Getting tested before a trip definitely falls under the individualized diagnosis and should've been covered by your insurance.

There's no AOS with divorce waiver. They would have to file for VAWA.

There's no AOS with divorce waiver. They would have to file for VAWA.

There's no AOS with divorce waiver. They would have to file for VAWA.

There's no AOS with divorce waiver. They would have to file for VAWA.

There's no AOS with divorce waiver. They would have to file for VAWA.

You missed the opportunity of filing for AOS with the new last name. If the IO at the interview changes it for you, you should receive your green card with the new name. If not, you will have to file for an I-90 and pay the fee to get a replacement card with the new name.
 
The issue that I see is that if you applied for a SSN on the 765 form, your SSN will come with the maiden name and you will only be able to change it after getting another immigration document with the new last name. That means that if you need to get a driver's license here, it will need to match your SSN. Your will have to file taxes with your maiden name.
 
Understand that when you fill out the application you're asked for your current legal name, so if you write down your maiden name, to USCIS it means you never wanted to change your last name.

Technically there's no requirement to file for AOS before day 90, but your spouse has been out of status for all this time and can be deported. File asap.

There's no AOS with divorce waiver. They would have to file for VAWA.

There's no AOS with divorce waiver. They would have to file for VAWA.

Technically there's no requirement to file for AOS before day 90, but your spouse has been out of status for all this time and can be deported. File asap.

Transcript is a summary of all the tax forms filed, that's why it's preferred because it's a 5-7 pages document instead of 30-100 complete tax return.
 
Your spouse can also try to call IRS to request the transcripts by phone, but it might take a while, so sending the complete tax return + W2 is also okay.

Technically there's no requirement to file for AOS before day 90, but your spouse has been out of status for all this time and can be deported. File asap.

You missed the opportunity of filing for AOS with the new last name. If the IO at the interview changes it for you, you should receive your green card with the new name. If not, you will have to file for an I-90 and pay the fee to get a replacement card with the new name.
 
The issue that I see is that if you applied for a SSN on the 765 form, your SSN will come with the maiden name and you will only be able to change it after getting another immigration document with the new last name. That means that if you need to get a driver's license here, it will need to match your SSN. Your will have to file taxes with your maiden name.
 
Understand that when you fill out the application you're asked for your current legal name, so if you write down your maiden name, to USCIS it means you never wanted to change your last name.

Transcript is a summary of all the tax forms filed, that's why it's preferred because it's a 5-7 pages document instead of 30-100 complete tax return.
 
Your spouse can also try to call IRS to request the transcripts by phone, but it might take a while, so sending the complete tax return + W2 is also okay.

Just wait. You don't want to have two packages processed by the lockbox. This is already an expensive process, I wouldn't want to pay twice for it 
 
There's no requirement to actually file for AOS before day 90, but since you already sent the package, it's s just a matter of time now.

A green card is to live in the US not outside. Living out of the US for 4 years will be seeing as she gave up her status. So if she wants to visit the US she will have to apply for a tourist visa or if she wants to move back to us, you will have to start the spouse visa application all over again. If she had applied for citizenship after 3 years of being a LPR, she would have no trouble to come back to the US.
 
And on top of that, no airline will let her board with an expired green card.

I have the cheapest plan offered by my employer (Anthem BC BS) and all my covid tests were free. I even got tested twice before my trip to Brazil in less than 24 hours and both were free. Before this job I had Cigna from my husband's job and we got tested a couple times as well for free, no questions about the purpose of the test. I also got tested at CVS yesterday, I selected yes for the first the question (travel, work, activities) and didn't pay anything out of pocket as well. If you read their website, they make no distinction between a test for traveling or other purposes.
 
And if you look at the HHS website, the CARES Act actually says that private insurances must waive covid diagnostic testing expenses for "individualized diagnosis", including asymptomatic ones.
 
"Plans and issuers must provide coverage without imposing any cost-sharing requirements (including deductibles, copayments, and coinsurance), prior authorization, or other medical management requirements for COVID-19 diagnostic testing of asymptomatic individuals when the purpose of the testing is for individualized diagnosis or treatment of COVID-19."
 
https://www.hhs.gov/coronavirus/cares-act-provider-relief-fund/for-patients/index.html
 
The exceptions mentioned on the act are tests for "public health surveillance" and "employment". Getting tested before a trip definitely falls under the individualized diagnosis and should've been covered by your insurance.

I have the cheapest plan offered by my employer (Anthem BC BS) and all my covid tests were free. I even got tested twice before my trip to Brazil in less than 24 hours and both were free. Before this job I had Cigna from my husband's job and we got tested a couple times as well for free, no questions about the purpose of the test. I also got tested at CVS yesterday, I selected yes for the first the question (travel, work, activities) and didn't pay anything out of pocket as well. If you read their website, they make no distinction between a test for traveling or other purposes.
 
And if you look at the HHS website, the CARES Act actually says that private insurances must waive covid diagnostic testing expenses for "individualized diagnosis", including asymptomatic ones.
 
"Plans and issuers must provide coverage without imposing any cost-sharing requirements (including deductibles, copayments, and coinsurance), prior authorization, or other medical management requirements for COVID-19 diagnostic testing of asymptomatic individuals when the purpose of the testing is for individualized diagnosis or treatment of COVID-19."
 
https://www.hhs.gov/coronavirus/cares-act-provider-relief-fund/for-patients/index.html
 
The exceptions mentioned on the act are tests for "public health surveillance" and "employment". Getting tested before a trip definitely falls under the individualized diagnosis and should've been covered by your insurance.

I have the cheapest plan offered by my employer (Anthem BC BS) and all my covid tests were free. I even got tested twice before my trip to Brazil in less than 24 hours and both were free. Before this job I had Cigna from my husband's job and we got tested a couple times as well for free, no questions about the purpose of the test. I also got tested at CVS yesterday, I selected yes for the first the question (travel, work, activities) and didn't pay anything out of pocket as well. If you read their website, they make no distinction between a test for traveling or other purposes.
 
And if you look at the HHS website, the CARES Act actually says that private insurances must waive covid diagnostic testing expenses for "individualized diagnosis", including asymptomatic ones.
 
"Plans and issuers must provide coverage without imposing any cost-sharing requirements (including deductibles, copayments, and coinsurance), prior authorization, or other medical management requirements for COVID-19 diagnostic testing of asymptomatic individuals when the purpose of the testing is for individualized diagnosis or treatment of COVID-19."
 
https://www.hhs.gov/coronavirus/cares-act-provider-relief-fund/for-patients/index.html
 
The exceptions mentioned on the act are tests for "public health surveillance" and "employment". Getting tested before a trip definitely falls under the individualized diagnosis and should've been covered by your insurance.