whats next

[fran111]

whats next was recentlly approved for fiancee visa I was wondering my fiancee will arrive in the u.s. after the first of the year and there will be a wedding! however my question is this there will be a I-864 aos to fill because I filled with my 2009 taxes in 2010 will I need my 2009 taxes or my new 2010 taxes if there is a cut off date or something would like to know I plan to file papers before I file taxes but may need to do the inverse also any other insite into this process would be most helpful thank you all so much!

[barbarajlw]

whats next was recentlly approved for fiancee visa I was wondering my fiancee will arrive in the u.s. after the first of the year and there will be a wedding! however my question is this there will be a I-864 aos to fill because I filled with my 2009 taxes in 2010 will I need my 2009 taxes or my new 2010 taxes if there is a cut off date or something would like to know I plan to file papers before I file taxes but may need to do the inverse also any other insite into this process would be most helpful thank you all so much!

If you are marrying next year then you will file AOS I-485 along with Affadavit of support I-864 you will need your most recent years tax which if next year is 2011 you will send 2010 and optional 2009 and 2008. Depending on what your income is most send in the 3 years tax returns W2's and 1099.
Hope this helps.

[nichole]

The USCIS cut off date is April 15, 2011 (tax filing deadline). If you sign/date the I-864 before that, 2009 income tax is the "latest." USCIS can always ask at a later time (after April 15) to see an updated/newer return if they choose to, but they normally don't.

Things to consider:

If you have a really good 2010 to show, you can always send that if it's done which is easy to do by early Feb.

Poverty guidelines for 2011 could be posted Feb/Mar and have higher numbers. If you're borderline, you might want to sign/date prior to those being posted. In 2010, there was a freeze and 2009 remained in effect, but historically the levels have increased around March of each year.

If you marry in December, you get an extra personal exemption and standard deduction on your taxes for the whole year 2010 by filing a joint return, which could be money in your pocket. (Yes, even though your spouse won't have a green card in 2010.) But make sure to go get a Social Security number about 2 weeks after arrival in the US and well before the 90 days has passed or it will have to wait until he gets EAD or green card.