Legal Question in Immigration Law in New York

Hello there ,

My husband and I are i are filing for my AOS where we need to know if I have to submit my taxreturns as well in the aos package ? I entered as a J1 exchange student where I have paid tax and later on i changed to f1 which is my current status I guess therefore i want to make sure i do the right thing . Now , do i have to submit it in the application or can i save this for the interview , I would appreciate any answer !! Thank you

Asked on 6/28/11, 9:18 am

2 Answers from Attorneys

Dianne Brooks The Mandel Law Firm

I believe I tried to answer your question earlier but perhaps was not clear. You should submit all of your documents together (including tax returns) with your application if you want your case to be processed quickly. Any documents that you wait and submit at an interview will only delay the processing of your case. I also wanted to make sure that you understand that if you had a 2 year return requirement attached to your J-1, converting to an F-1 will not make that requirement go away. You would need a waiver if you were subject to that requirement.

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Answered on 6/28/11, 9:49 am

Tsirina Goroshit Law Offices of Tsirina Goroshit & Associates, P.C.

It is always better to submit everything from the beginning. Make sure you are not subject to Two-year Home-country Physical Presence Requirement Conditions as a part J visa. As to tax returns, depends on when did you get married, of course, concentration is on petitioner's financial ability.

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Answered on 6/28/11, 10:18 am

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