Tax return for i-864

[Jonathan and Tina 4]

Hi again. Sorry for the many questions (everything has been massively helpful so far). So our plan is to file for AOS in early Feb next year, assuming everything else goes according to plan time-wise, and use a tax return from this current year (that would have just become available) plus transcripts for the two years prior to that, as that's the best financial 'snapshot'. We could potentially wait and get a transcript for this current year but that would impair our plans somewhat so I'm wondering:

1. is there any point to doing this? Will USCIS accept a tax return, as long as we explain why they aren't all transcripts, and if they don't accept it will that mean we don't count as having filed within the 90 days (if that period expires during that time)? We'll still have W2s for the three years in question.

2. I did have another question but I can't remember it right now

Thanks.

[Jonathan and Tina 4]

Oh question two: for the third year back, currently, my fiancee was out of work and hence had no income, though her husband at the time did. So she has a transcript for that year showing money coming in, but as none of it was hers then obviously we can't use it (she earns more than enough now). Would it be best to just not send that one? Send that past two years without it? Or are they likely to just ask for it anyway?

[Nich-Nick 3,353]

Hi again. Sorry for the many questions (everything has been massively helpful so far). So our plan is to file for AOS in early Feb next year, assuming everything else goes according to plan time-wise, and use a tax return from this current year (that would have just become available) plus transcripts for the two years prior to that, as that's the best financial 'snapshot'. We could potentially wait and get a transcript for this current year but that would impair our plans somewhat so I'm wondering:

1. is there any point to doing this? Will USCIS accept a tax return, as long as we explain why they aren't all transcripts, and if they don't accept it will that mean we don't count as having filed within the 90 days (if that period expires during that time)? We'll still have W2s for the three years in question.

2. I did have another question but I can't remember it right now

Thanks.

Read the instructions for the I-864 carefully and it will explain a lot to you.

Equally acceptable are:

1) Photocopy of entire tax return PLUS W2 (or 1099 if your income is reported that way)

2) Tax return Transcript

Unacceptable is a W2 all by itself. That's not a tax return. You could get an RFE because you sent only half of what I put in 1) above.

FYI the 2015 tax return filing deadline is April 15, 2016. Until that date, your "most recent tax return" can be the 2014 return because 2015 is not due yet. If you get your taxes done early, like February, you certainly can submit the 2015. If you end up in AOS hell and a year goes by with no approval (2017), you could expect them to request something more updated than the one you filed. Cross that bridge when you get there.

Oh question two: for the third year back, currently, my fiancee was out of work and hence had no income, though her husband at the time did. So she has a transcript for that year showing money coming in, but as none of it was hers then obviously we can't use it (she earns more than enough now). Would it be best to just not send that one? Send that past two years without it? Or are they likely to just ask for it anyway?

They require tax returns, but that is not the sole deciding factor. So a 3 year old return that was not her income is really pointless. He current income as proven by an employer letter or 6 months pay stubs carries weight. The latest tax return is required. The two previous are optional.

And review the form to see one section says-- I am employed by _____. I currently earn $_______.. That is right now. Today. It could be more or less than last year's tax return. if your current paycheck is $2000/mo, then you put $24,000 in that blank but back it up with evidence.

There is another section of the form that asks for income as reported on the last three tax returns. Copy it straight from the proper line of the return. I can tell you that your wife will copy straight from her joint tax return with her former husband. Do not adjust or explain it wasn't her money. It is the tax return she filed, so copy from it. I did exactly the same thing. No explanation and no problems.

Edited July 30, 2015 by Nich-Nick

[Dashinka 23,243]

We did the tax copies and W2s, 1099s for all of our tax returns (2013 filed with the AOS package and 2014 at the time of the interview), and had no issues. The 864 only requires you to report income for the past three years and submit the most current tax return. You do not have to provide a copy of your returns for all three years.

Good Luck!

[Jonathan and Tina 4]

Thank you both. That's hugely helpful, and not a little reassuring.

[KayDeeCee 4,891]

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~