Help needed for 1-485 spouse application

[chub1]

Ok, any help appreciated with these questions! I have tried to contact USCIS but no joy in speaking to anyone.

So my husband is the petitioner, been married 8 years.

For tax year 2016 he has been resident in the U.S and will file a U.S full tax return by April 2017.

Prior to this he has lived overseas for many years and has filed with the IRS as an overseas filer. He has only just completed and submitted to the IRS the required overseas filing for 2015, which may take a few weeks to be processed (I'm not sure how long) although he is under the overseas filer threshold so had no U.S tax liability to pay.

I am on a VWP and this expires mid January 2017 and other than the tax thing everything is in order to send to USCIS.

So question 1 is: If I send the completed package to USCIS and put a note in saying that the latest return is being processed and I can send confirmation when that has happened is that acceptable?? Or if there is no tax return information with they refuse to issue NOA1? We are submitting evidence of assets above the required limit with the application.

Question 2: If I mail out the application before my VWP runs out but isn't accepted (NOA1) until after that date am I an 'overstayer' for those days inbetween?

Question 3: Just wanting confirmation that it is ok for me to send off the package prior to obtaining my medical 693 form which I will do and submit during January.

Thank you!

[newacct]

Just provide a copy of the forms he submitted. It doesn't need to have been processed.

It makes no difference if you file before or after your status expires.

Yes, you can send it before completing the medical, but for a fast case like for the spouse of a citizen, it makes more sense to send the medical together. Otherwise you will get an RFE which will be more hassle. For a VWP case you don't want to risk anything that might accidentally cause a denial, because you have no way to challenge it, so it's best to have everything perfect to start with.

[chub1]

Just provide a copy of the forms he submitted. It doesn't need to have been processed.

It makes no difference if you file before or after your status expires.

Yes, you can send it before completing the medical, but for a fast case like for the spouse of a citizen, it makes more sense to send the medical together. Otherwise you will get an RFE which will be more hassle. For a VWP case you don't want to risk anything that might accidentally cause a denial, because you have no way to challenge it, so it's best to have everything perfect to start with.

Thank you very much for your help. We will just send what we have for the taxes.