Is 2009 return mandatory

[fabulous02 1]

I called up the USCIS help number and asked them if I can submit the I-864 with the 2008, 2007 and 2006 transcripts since my husband hasn't yet filed the 2009 taxes. The representative told me that since they say the 3 most current years, so I should wait to have the 2009 return done or I might get an RFE.

Has anyone else faced this and submitted their AOS in 2010 without the 2009 tax return transcripts? I am looking to submit my AOS package in Feb and don't want to slow down the process by receiving an RFE. I would think they can't mandate sending the 2009 return, since the end date - 15th April hasn't passed.

Thanks...

[Bobby+Umit 161]

I called up the USCIS help number and asked them if I can submit the I-864 with the 2008, 2007 and 2006 transcripts since my husband hasn't yet filed the 2009 taxes. The representative told me that since they say the 3 most current years, so I should wait to have the 2009 return done or I might get an RFE.

Has anyone else faced this and submitted their AOS in 2010 without the 2009 tax return transcripts? I am looking to submit my AOS package in Feb and don't want to slow down the process by receiving an RFE. I would think they can't mandate sending the 2009 return, since the end date - 15th April hasn't passed.

Thanks...

They can always ask for more evidence - however:

The sponsor must submit with the Form I-864 the sponsor’s U.S. Federal income tax return for the most recent tax year (that is, the completed tax year immediately preceding the date the sponsor signs the Form I-864). USCIS may generally expect a sponsor, after April 15 of any given year (or April 16 or 17, in a year in which April 15 is on a Saturday or Sunday), to have completed his or her tax return for the previous year.

If the sponsor requested an extension, the sponsor should provide proof of filing for the extension. If the sponsor did not file a tax return, the sponsor must prove that he or she was not required to file. If a sponsor should have filed, the sponsor must file retroactively and provide proof of filing. Note that U.S. citizens generally have an obligation to file a tax return on non-U.S. earnings even if there was no tax liability.

EXAMPLE 1: Sponsor signs the Form I-864 on March 1, 2006. The US Federal income tax return for 2005 is not due until April 17, 2006. Therefore, the sponsor must submit his or her 2004 U.S. Federal income tax return.

EXAMPLE 2: Sponsor signs the Form I-864 on May 5, 2006. The sponsor must submit his or her 2005 U.S. Federal income tax return.

EXAMPLE 3: Sponsor signs the Form I-864 on May 5, 2006. However, the sponsor also filed with IRS a Form 4868, obtaining an extension of the 2005 income tax filing deadline. The sponsor must submit his or her 2004 U.S. Federal income tax return.

So if you do not have your 2009 filed yet, you have till the 15th of April before USCIS will want them.

(source)

[Otto 83]

This comes up every year about this time. It isn't mandatory until April 15. You will still need to submit recent evidence of income though.

FYI - I suppose you could prepare the tax return (and all its supporting evidence) and send a copy of that with your AOS package, then wait to file your taxes.

[fabulous02 1]

This comes up every year about this time. It isn't mandatory until April 15. You will still need to submit recent evidence of income though.

FYI - I suppose you could prepare the tax return (and all its supporting evidence) and send a copy of that with your AOS package, then wait to file your taxes.

ok...So If my husband submits his 2008, 2007 and 2006 tax transcripts and submits his recent pay stubs, will that suffice?

[Bobby+Umit 161]

ok...So If my husband submits his 2008, 2007 and 2006 tax transcripts and submits his recent pay stubs, will that suffice?

Yes, if you submit prior to the 15th of April.

However, they reserve the right to request more information as they see fit.