freelancer

I called the IRS and did request over the phone. It was easy and had them in about 2 weeks. Plus, if you have any other tax questions, they can transfer you to other departments. The number below is from James shortcuts. Good luck!!

Call (800) 829-1040 and follow below steps as per prompt in the recorded message to request tax return transcript. This documents will be mailed to the address where you last filed your tax return

Can you let us know which item we should fill in? Calling can be confusing sometimes and the mailed form is documented proof that we can photocopy, etc...

Should I write 1040?

Thanks.

Thanks everyone for your inputs. Very interesting and very complicated ;-)

I already have sought the services of an accountant but needed to check about the taxation commencement period.

Hi.

Does anyone have any experience on this?

Specifically, I want to know is, when I finally do get AOS and the 2-year probationary green card, does the IRS begin taxing me GLOBALLY on the date I get the green card, or will it ask for the entire 2009 taxation year? Because I am still earning foreign income (I own a company abroad and have some stocks) even though I am not working or running any business in the USA yet, while pending the green card.

Thanks!

Hi. The RFE asks for "all supporting tax documentation" for the petitioner's I-864. It also says that there is no proof that the petitioner's income exceeds 125% of the poverty guideline and asks for a letter from the employer and pay stubs for 6 months.

Note that this is totally separate from the family members' I-864 which should have all the requisite info (as mentioned, I think it's a bit redundant/silly that they are ignoring the family I-864s and just focusing on the inadequacy of my wife's I-864).

On my wife's I-864, on the first point, all AVAILABLE documentation was sent to them. This included the 1040 for 2008, and a letter from the employer stating the salary, etc.

On the 2nd point, as above, we sent what we could, including the letter that the RFE is asking for. So, we take it either the first letter was insufficient and they want another letter, or they didn't even read that letter.

So, right now, what we are doing is 1) waiting another month to collect more pay stubs, 2) getting her boss to write another more detailed letter and 3) backfiling her 1040s for 5 years. Note that we ALREADY explained in a letter why we did not backfile all 1040s in previous years.

It just makes it so much harder when they do not give us SPECIFIC reasons why our submitted information is insufficient. E.g., they could have said your letter is missing XYZ data, or your explanation is not sufficient because of XYZ, or we are not looking at your family member's I-864 at this time because of XYZ.

By the way, they didn't even tell us whether the insufficient data refers to my wife's or the family members'. We are guessing it's my wife's because all documetation is complete for the family members'.

Another troublesome and worrying step in the long Visa Journey.... :-)

FWIW, many USC's assume (wrongly I might add) that if they are not residing in country that they are exempt from filing US income tax returns... The US taxes its citizens on there worldwide income..... Your wife may or may not have had to file annual returns during her absence... this might be another hurdle you will need to "clean up" depending on your circumstances

Hi. Thanks everyone for your comments and suggestions. Yes, the RFE requested all of what you mentioned, but in fact I had already submitted all of those items to them in the first package. So it's a surprise they are asking for it again. The ONLY thing that we were not able to provide are the salary pay slips (since my wife only just got the job) and the earlier years of tax returns (we did submit the most recent tax year 1040 form). We also submitted the letter.

Both my wife's salary and the family member's salaries are above the 125% poverty line.

So the ONLY thing that is different is that they may want the previous 4 years' returns, and any salary pay slips (they actually asked for 6 months which is not going to be possible until obviously 6 months into the future).

So I am going to wait 1 more month and submit a few of the pay slips. That's really all we can do since they have everything else. It's a pretty stupid process because I don't see why they don't just ignore my wife's affidavit and just use the family members' (which have all the requirements, including letter, 3 years returns, etc.)

I am going for my biometics in a couple of weeks.

QUESTION: What happens if they still ask for RFE? How is my status changed if the application drags on?

(Also does anyone know how they charge for the tax? Do they backdate from the time I land in the USA or only when I get my green card? Reason is I still earn income from foreign sources, just not in the USA, since I am still running a small business overseas).

Hi. We got a letter from the government that we have insufficient proof of income for our AOS application.

My wife is the primary petitioner and sponsor but she only got a job a few weeks ago. And so we had used her family members as joint sponsors.

But I guess the government is looking at the primary sponsor's income.

What do you suggest we do?

I need to resubmit proof within 87 days...

By the way, we have both been out of the US for years and thus this is her first job since returning (and us getting married). So there is no recent salary history.

I just don't understand why they want her info, if we got the family members to be joint sponsors (and they obviously exceed the 125% poverty guideline).

Hi. We got a letter from the government that we have insufficient proof of income for our AOS application.

My wife is the primary petitioner and sponsor but she only got a job a few weeks ago. And so we had used her family members as joint sponsors.

But I guess the government is looking at the primary sponsor's income.

What do you suggest we do?

I need to resubmit proof within 87 days...

"I am the only joint sponsor." I thought that meant if you the beneficiary has only him as your joint sponsor, rather than having him plus cousin Barney, in addition to your wife the primary sponsor.

"I am the petitioner" for my "relative" - I think that's for your wife in this case, the person that filed the I129F or I130. The same form is used by people petitioning for grandma to come over so there are situations where it's not just I am petitioning for my spouse.

Thanks - so does that mean my wife will also file the I-864 even though she currently has no job? She has not filed IRS tax returns for the past several years. No W-2 forms....

Hi. My wife (the US Citizen) and I married, and now I am putting together the I-485 package.

For I-864, since neither my wife nor I have jobs right now, and she has been living outside the US for years, only my father-in-law (her father) can provide the affidavit of support. In fact he was the one for the K-1 visa.

So, how do I fill this out now? I don't understand the question about "I am the only joint sponsor." It's typically confusing language. How can a joint sponsor be the only one?

Or should I put in "I am the petitioner" for my "relative" -- does a father-in-law count as a relative for this definition, or only immediate blood relations?

Anyway, please advise how I should go about filling this out.

Thanks!

You only have to get married with in the 90 day period. You have LOTS of time after that to apply for AOS.

Aloha!

Hello!

But it says here:

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

Apply for Adjustment of Status (AOS), EAD, AP

Apply for Adjustment of Status (AOS). You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time.

I have never heard of a marriage certificate taking that long

http://hawaii.gov/health/vital-records/vit...iage/index.html

The marriage certificate is prepared and filed by your licensed marriage officiant or performer with the Department of Health. A newly married couple receives one (1) certified copy of the marriage certificate at no extra charge, upon payment of the marriage license fee, which will be sent to the couple by mail (60-120 days) after the marriage has been performed. If a marriage certificate is needed sooner than this, you can apply for one or more additional certified copies.

[i am not sure what they mean by the "apply for one or more additional certified copies" and the link to the Web page they provide does not describe that in detail.]

Hello.

My K-1 is approved and ready to head to the USA for the marriage ceremony in April.

So, my question is, if I need to file for AOS before the K-1 expires after 90 days, and I was told that we will not receive the Marriage Certification until a few MONTHS after the ceremony, how can I send the Marriage Cert for immediate AOS application???

The Department of Health does not mention this; just says the Marriage Cert will be sent by mail about 2 or 3 months later.

Please advise.

Thanks!

PS -- we are getting married in Honolulu.

I assume you will be applying for the EAD (work permit) at the same time as AOS. You should get this within 90 days which will allow you to start working whilst waiting for the green card.

OK thanks again!

What a gauntlet this thing is! :-)

Yes you need the I-864 for AOS

Many thanks! This helps immensely.

Now, I am reading about the wait times.

http://www.visajourney.com/timeline/aosstats.php

Help me out here: Are we saying that it might take around SIX MONTHS for me to get a green card (so I can work) from the time we get married and submit the AOS?????

Again, many thanks and your info much appreciated.

Lots of things! Lots and lots of evidence.

I think we submitted 100 photos.

I am not kidding.

The lady next to me (at the embassy) did not get approved because she only gave 2 photos. They want LOTS.

And print out your chats and get phone records.

Lots and lots of such evidence.

What kind of evidence is consider bonafide relationship evidence????

Just seeing if I can shed some light here, since I am receiving help from others on my own questions.

I am thinking the reason a HK clearance is requested is that they don't trust that your fiancee has not been to Hong Kong. Hong Kong is a VERY POPULAR destination for Filipinos and some of them have even worked in Hong Kong (legally or not) so I am guessing the US government wants verification by fingerprint.

Hope this helps and the best of luck! This is a tough process for all of us, but eventually things will work out...

http://sc.info.gov.hk/gb/www.police.gov.hk...cc-overseas.htm

They want police clearance from Hong Kong! My fiancee has never been to Hong Kong, no where in our paper work did we mention Hong Kong, there are no stamps for Hong Kong in her passport ( the only place she has been is to Thailand for a 1 week visit ). I guess some agency they farm the background checks out to requested it. So what are we supposed to do now? I'm trying to fashion another letter but am guessing it will go no where and we will have to embark on the futile quest to get police clearance from a country she has never set foot in. Another delay, and how long will this take? I've just had it with this BS process and the crappy service we get from our government. I wish I had a job where I was not held accountable for the quality/quantity/speed of my work. While I'll never give up, this is getting plain ridiculous! If anyone has any suggestions, it would be greatly appreciated.

Hello!

Our K1 has been approved at local embassy and we are waiting for the passport to be sent to me.

Now, I am preparing for the AOS so that I have everything ready once I am in the USA.

I looked here:

http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

But I don't understand what is meant by

4a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport

5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F **

Are these two things different, and what are they?

Also, what kinds of vaccination should I have? I want to get all of them NOW before going to the USA, and have the medical records done.

Finally, I have the I-134 accepted already at the embassy, so do I still need to have the I-864 for the AOS?

Thanks!!!!