How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109638
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

Hi! My foreign born fiance entered into the country last week

This answer was rated:

Hi! My foreign born fiance entered into the country last week on a K1 visa. Following procedure, we married and are now in the process of submitting the I-485 (with I-765 EAD Paperwork). My question is this - the I-864 (Affidavit of Support) asks for copies of my last year tax return which I did not complete due to living overseas. I have talked to a tax consultant who says that we can complete it without an issue, but due to the government shutdown, the IRS is not processing paper returns. We were hoping to file both the I-765 and I-485 (which would be missing the tax return) in the hope that the EAD is processed BEFORE the RFE would come back for the missing tax return on the I-864. Our logic is that if we wait for the government to be back up and running, process and return my last years taxes and THEN file the I-485 packet....we will be delayed months until the EAD is authorized. We both dont mind if the 485 (Greencard) takes longer to process, but the temporary (EAD) work authorization is a must have soon. Is my logic sound here or would both the EAD be denied pending submission of the above mentioned tax returns?

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

Unfortunately, they stop everything including the I-765 processing when something is missing from the file. So I honestly do not think that it will work. I mean you lose nothing in trying. What I would do is prepare the taxes, file them with the IRS and submit the copies of those income tax returns to USCIS with the I-865. IF USCIS checks on them, they should already be in process or processed by then by the IRS.

Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you