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

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

Old Nov 20th 2009, 11:03 pm
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Default 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
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Old Nov 20th 2009, 11:06 pm
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Default 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


Originally Posted by CavemanJoe View Post
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
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Old Nov 20th 2009, 11:07 pm
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Default 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.

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Old Nov 20th 2009, 11:07 pm
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Default 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.
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Old Nov 20th 2009, 11:27 pm
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Default Re: Missing tax returns, and close to cutoff date for AOS - advice?

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

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?
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Old Nov 20th 2009, 11:30 pm
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Default Re: Missing tax returns, and close to cutoff date for AOS - advice?

Won't they fax the transcript immediately if you call in?
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Old Nov 20th 2009, 11:37 pm
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Default 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.
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Old Nov 20th 2009, 11:39 pm
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Default Re: Missing tax returns, and close to cutoff date for AOS - advice?

Originally Posted by CavemanJoe View Post
Nah, looks like an automated thing... Emily's on hold with them now.
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.
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Old Nov 21st 2009, 12:04 am
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Default Re: Missing tax returns, and close to cutoff date for AOS - advice?

Originally Posted by CavemanJoe View Post
My immigration lawyer ... said that filing after the 90-day period would require me to file as a K3 holder...
He's an idiot. Good thing you fired him.

Ian
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Old Nov 21st 2009, 1:29 am
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Default Re: Missing tax returns, and close to cutoff date for AOS - advice?

Originally Posted by CavemanJoe View Post
Wow, that was a fast bunch of replies. Thanks, guys.

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?
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.
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Old Nov 21st 2009, 2:06 am
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Default Re: Missing tax returns, and close to cutoff date for AOS - advice?

Originally Posted by meauxna View Post
Won't they fax the transcript immediately if you call in?
Are you kidding? This is the IRS we are talking about ...

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
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Old Nov 21st 2009, 2:20 am
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Default 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.
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Old Nov 21st 2009, 3:37 am
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Default Re: Missing tax returns, and close to cutoff date for AOS - advice?

Originally Posted by meauxna View Post
But I hear that ordering them with the form throws them in a black hole.
That was certainly my experience ...

(Fortunately it turned out that I didn't actually need them after all.)
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Old Nov 21st 2009, 4:14 am
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Default 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


Originally Posted by CavemanJoe View Post
Wow, that was a fast bunch of replies. Thanks, guys.

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?
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Old Nov 21st 2009, 9:49 am
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Default 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
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