Missing tax returns, and close to cutoff date for AOS - advice?
 

Hey, guys. I'm doing my AOS from a K1 visa, having arrived in the USA on the 5th of September.

We're sorting out the affidavit of support form I-864, and we need to find my wife's tax returns for 2006... but alas, they are nowhere to be found.

I'm getting close to the 90 day limit, and we're getting kinda antsy. There's probably not enough time for the IRS to return us a copy of my wife's 2006 tax report.

Emily is downstairs now, double-checking places that we've already double-checked. If you've any advice, I would love to hear it. :)

Thanks,

-CMJ

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

CmJ,

Order the IRS transcripts and submit the I-485 when they arrive.

The "90 day limit" is for getting married.

Regards, JEff

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

As long as you've gotten married within your first 90 days here, you've fulfilled the requirements of the K-1 visa. The AOS does not have to be filed within those 90 days.

I'd call IRS and ask for an official tax transcript (transcript...NOT copy). They are free, and they come in the mail in about a week.

Otherwise, if you have everything else, you can also send the AOS package without 2006 tax returns, and if you get an RFE for them, you'll have the tax transcript by that time.

Rene

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

Have Emily go to the local IRS office on Monday and ask for a copy. They can print it out for her.

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

Wow, that was a fast bunch of replies. Thanks, guys. :D

My immigration lawyer - who, admittedly, I did end up sacking for sticking his head up his bum and charging me three grand for doing so - said that filing after the 90-day period would require me to file as a K3 holder (or something like that) and pay an extra four-hundred-odd bucks. I take it I was right to go the do-it-myself route?

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

Won't they fax the transcript immediately if you call in?

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

Nah, looks like an automated thing... Emily's on hold with them now.

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

There is an automated one, and a way to reach a person. Sorry, I don't know if it's off the same phone number.

Even if they mail her the ones she phone orders, they come quickly..usually within a week (holiday coming up though).


edit to add: only the most recent year's return is *required*, not the last 3.

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

He's an idiot. Good thing you fired him.

Ian

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

Yes, the Do-It-Yourself route has been successful with many.

Most notable lawyers in the same area have more or less the same rate for a specific service. And being overcharged way above average is a notable virtue of a shyster. Good you fired the rascal.

Good luck Joe, and this board is noted for quick, resourceful and expedient replies.

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

Are you kidding? This is the IRS we are talking about ... :confused:

I tried to get some tax transcripts from the IRS around this time last year.

Got a letter acknowledging receipt of the request about 6 weeks later and the actual transcripts showed up after another 2 weeks. Whole thing took almost 2 months so it managed to cover all of the thanksgiving, christmas and new year holidays :(

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

There are numerous reports of people having them faxed. And when ordered on the touch tone phone thing, they have consistently arrived in less than 2 weeks.


But I hear that ordering them with the form throws them in a black hole. :)

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

That was certainly my experience ...

(Fortunately it turned out that I didn't actually need them after all.)

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

CmJ,

It really would behoove you to pay more attention so that you come away with a more accurate understanding than "something like that". It sounds, perhaps, as if the lawyer was telling you that if you didn't get married until after 90 days in the USA you'd have to include an I-130 petition ($355, plus more for him) with your I-485.

Regards, JEff

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

read the AOS from K1 Help Guide I created, I think I put something about tax transcripts in there. link is in my signature at the bottom of this post.

basically, call the automated number, get Tax "return" transcripts, not whatever the other option is (cant remember right now)

they arrive 7-14 days generally via post.

you can order one for the last 3 years if you want, its free so you may as well take advantage of that, plus its a lot easier to send with the AOS package!

good luck :)

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

That still doesn't make sense, though. He entered on and is adjusting from a K-1 visa. Filing AOS after the 90-day K-1 period (which only applies to getting married) doesn't make him a K-3 visa holder or require the inclusion of an I-130 petition with the AOS application. He's already here on the K-1 and got married on the K-1. The I-130 petition is not required.

Mark entered on a K-1 visa, we married within 90 days of his arrival (as required) but didn't file for AOS until 4 months later -- 50 days after his 90-day period expired. We didn't submit an I-130 petition, just the documents required for those adjusting from a K-1 visa. Everything went smoothly.

~ Jenney

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

The key phrase in his post was "something like that". He clearly did not understand what the attorney was telling him. Nor do we know at what point in time the attorney gave him the information that he doesn't understand.

Submitting an I-130 petition, as required for a K3, is required for a K1 who marries more than 90 days after entry. And the cost is about right.

I may not have assembled the few pieces we have of the puzzle correctly, but it is one possible way of assembling them when so many of the pieces are missing.

Regards, JEff

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

Jenney,

JEff was talking about someone who enters on a K-1 but doesnt get *married* until after 90 days. Then an I-130 would be needed.

It is OK to AOS after 90 days, as long as the marrigae took place within the 90 days.

Rene

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

Then we're all saying the same thing. I was just trying to clarify that a K-1 visa holder who marries within 90 days of entering the US on that K-1 visa does NOT need an I-130 when filing for AOS -- even if filing for AOS after the 90-day marriage period.

It wasn't clear from JEff's post that he was talking about marriage occurring after the 90-day period.

~ Jenney

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

Hi:

Go to the IRS.GOV website -- there is a form there to request tax transcripts. Your wife should complete the form and FAX in the request. She should get the transcript within the next 10 days. Works like a charm in my experience.

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

J&M,

Sorry, I don't know how much clearer I could have been.

Regards, JEff

Re: Missing tax returns, and close to cutoff date for AOS - advice?
 

The OP referred to his "wife" in the first post, so it seemed obvious to me that they are already married. So you comment about the lawyer possibly telling them to file an I-130 if they file after the 90-day period didn't make sense to me.

In any case, we're all saying the same thing so let's just let it rest. :)

~ Jenney