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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 21st 2009, 5:14 pm
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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 - 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?
Originally Posted by jeffreyhy View Post
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

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.

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Old Nov 21st 2009, 5:48 pm
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Default 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


Originally Posted by Jenney & Mark View Post
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
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Old Nov 21st 2009, 6:02 pm
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Default Re: Missing tax returns, and close to cutoff date for AOS - advice?

Originally Posted by Jenney & Mark View Post
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
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
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Old Nov 21st 2009, 7:08 pm
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Default 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.

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Old Nov 21st 2009, 7:20 pm
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Default Re: Missing tax returns, and close to cutoff date for AOS - advice?

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
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.
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Old Nov 21st 2009, 9:33 pm
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Default 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


Originally Posted by Jenney & Mark View Post
It wasn't clear from JEff's post that he was talking about marriage occurring after the 90-day period.

~ Jenney

Originally Posted by jeffreyhy View Post
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
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Old Nov 22nd 2009, 1:17 am
  #22  
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Default Re: Missing tax returns, and close to cutoff date for AOS - advice?

Originally Posted by jeffreyhy View Post
J&M,

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

Regards, JEff
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.

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